Action brought on 14 January 2008 - Quest Diagnostics v OHIM - ALK-Abelló (DIAQUEST)

(Case T-22/08)

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.

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