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Case T-106/06: Judgment of the Court of First Instance of 23 January 2008 — Demp v OHIM — BAU HOW (BAU HOW) (Community trade mark — Opposition proceedings — Application for Community figurative mark BAU HOW — Earlier figurative marks BAUHAUS — Relative ground for refusal — No likelihood of confusion — Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94)

ECLI:EU:UNKNOWN:62006TA0106

62006TA0106

January 1, 2006
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Official Journal of the European Union

C 64/36

(Case T-106/06)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BAU HOW - Earlier figurative marks BAUHAUS - Relative ground for refusal - No likelihood of confusion - Article 8(1)(a) and (b), and Article 73 of Regulation (EC) No 40/94)

(2008/C 64/57)

Language of the case: German

Parties

Applicant: Demp BV, formerly Demp Holding BV (Maastricht, Netherlands) (represented by: R.-D. Härer, C. Schultze, J Ossing and C. Weber, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider)

Other party to the proceedings before the Board of Appeal of OHIM: BAU HOW GmbH (Hattersheim/Okriftel, Germany)

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.

Operative part of the judgment

1.The action is dismissed;

2.Demp BV is ordered to pay the costs.

* * *

(<span class="super">1</span>) OJ C 143 of 17.6.2006.

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