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Case T-22/08: Action brought on 14 January 2008 — Quest Diagnostics v OHIM — ALK-Abelló (DIAQUEST)
ECLI:EU:UNKNOWN:62008TN0022
62008TN0022
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12.4.2008
EN
Official Journal of the European Union
C 92/29
(Case T-22/08)
(2008/C 92/61)
Language in which the application was lodged: English
Parties
Applicant: Quest Diagnostics Inc. (Teterboro, United States) (represented by: R. Niebel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: ALK-Abelló A/S (Hørsholm, Denmark)
Form of order sought
—Annul the decision of the Second Board of Appeal of OHIM dated 25 October 2007;
—annul the decision of the Opposition Division of OHIM dated 11 October 2006; and
—order the intervener to bear the costs of the action.
Pleas in law and main arguments
Applicant for the Community trade mark: ALK-Abelló A/S
Community trade mark concerned: The Community word mark ‘DIAQUEST’ for goods in classes 1, 5 and 42
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited: The Community word marks ‘QUEST DIAGNOSTICS’ for goods and services in classes 5, 10, 16, 35, 39 and 42 — application No 2 402 980 and No 1 958 589
Decision of the Opposition Division: Rejected the opposition in its entirety
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTRM.