Community trade mark Opposition proceedings No likelihood of confusion Relative grounds for refusal Application for Community figurative mark BAU HOW Earlier figurative marks BAUHAUS Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 23 January 2008.
Demp BV v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark BAU HOW - Earlier figurative marks BAUHAUS - Relative grounds for refusal - No likelihood of confusion - Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94.
Case T-106/06.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 23 January 2008 – Demp v OHIM – BAU HOW (BAU HOW)
(Case T-106/06)
Community trade mark – Opposition proceedings – Application for Community figurative mark BAU HOW – Earlier figurative marks BAUHAUS – Relative grounds for refusal – No likelihood of confusion – Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 43, 47-48)
Re:
| Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 January 2006 (Case R 92/2004-4) on opposition proceedings between Demp BV and BAU HOW GmbH. |
Information relating to the case
|
Applicant for the Community trade mark: |
BAU HOW GmbH |
|
Community trade mark sought: |
Figurative mark BAU HOW for goods and services in Classes 7, 8, 11, 19, 20, 36, 37 and 40 – Application No 1740133 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Demp BV |
|
Mark or sign cited in opposition: |
Figurative mark BAUHAUS as Benelux trade mark No 570351 and International mark No 646757 for goods and services in Classes 1, 2, 6 to 9, 11, 12, 16, 17, 19 to 21, 25, 27, 31 and 40 and the application for registration of Irish mark No 2000/03158 |
|
Decision of the Opposition Division: |
Rejection of the opposition |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Demp BV to pay the costs. |