(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:

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.