Judgment of the General Court (First Chamber) of 9 September 2011. – Ergo Versicherungsgruppe AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 23 July 2009 (Case R 44/2008‑4) concerning opposition proceedings between DeguDent GmbH and Ergo Versicherungsgruppe AG.

Operative part

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 23 July 2009 (Case R 44/2008‑4) in so far as the Board of Appeal omitted to rule on the action brought before it as regards goods in Class 5;

2. Dismisses the remainder of the action;

3. Orders Ergo Versicherungsgruppe AG, DeguDent Gmbh and OHIM each to bear their own costs.