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Dokument C2006/048/67
Case T-395/05: Action lodged on 31 October 2005 — Multikauf v OHIM
Case T-395/05: Action lodged on 31 October 2005 — Multikauf v OHIM
Case T-395/05: Action lodged on 31 October 2005 — Multikauf v OHIM
OJ C 48, 25.2.2006, s. 34–34
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
25.2.2006 |
EN |
Official Journal of the European Union |
C 48/34 |
Action lodged on 31 October 2005 — Multikauf v OHIM
(Case T-395/05)
(2006/C 48/67)
Language of the case: German
Parties
Applicant: Multikauf Warenhandelsgesellschaft mBH (Krailling, Germany) (represented by: M. Bahmann, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Demo Holding S.A. (Luxembourg, Luxembourg)
Forms of order sought
The applicant claims that the Court should:
— |
annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 June 2005 — served on the applicant's agent by DHL on 31 August 2005 — in appeal proceedings R 895/2004-1 |
— |
dismiss the objection raised by the third party through its agent on 18 September 2001 to registration of the Community trade mark 1841121 ‘webmulti’. |
Pleas in law and main arguments
Applicant for Community trade mark: The applicant
Community trade mark sought: The word mark ‘webmulti’ for goods and services in Classes 3, 7, 8, 9, 16, 20, 21, 25 and 30 — Registration application No 1 841 121
Proprietor of mark or sign cited in opposition proceedings: Demo Holding S.A.
Mark or sign cited in opposition: The Community, national and international word and figurative marks ‘WEB’ for goods in Classes 3, 9 and 25
Decision of the Opposition Division: The opposition was allowed and the registration in respect of certain goods referred to in the application was refused
Decision of the Board of Appeal: The applicant's appeal was dismissed
Pleas in law: The opposing marks were not used for some of the goods.