Community trade mark Opposition proceedings Relative ground for refusal Genuine use of the earlier mark Article 43(2) and (3) of Regulation (EC) No 40/94 tex Application for figurative Community trade mark DEITECH Earlier national and international figurative trade marks DEI
Sumário
Judgment of the Court of First Instance (First Chamber) of 16 December 2008.
Heinrich Deichmann-Schuhe GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for figurative Community trade mark DEITECH - Earlier national and international figurative trade marks DEI-tex - Relative ground for refusal - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94.
Case T-86/07.
Texto da decisão
Judgment of the Court of First Instance (First Chamber) of 16 December 2008 – Deichmann‑Schuhe v OHIM – Design for Woman (DEITECH)
(Case T-86/07)
Community trade mark – Opposition proceedings – Application for figurative Community trade mark DEITECH – Earlier national and international figurative trade marks DEI-tex – Relative ground for refusal – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94
Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 4(2) and (3)) (see paras 36-37)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 January 2007 (Case R 791/2006-2) relating to opposition proceedings between Heinrich Deichmann-Schuhe GmbH & Co. KG and Design for Woman SA. |
Information relating to the case
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Applicant for the Community trade mark: |
Design for Woman SA |
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Community trade mark sought: |
Figurative mark DEITECH for goods in Classes 18 and 25 – Application No 3378643 |
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Proprietor of the mark or sign cited in the opposition proceedings: |
Heinrich Deichmann-Schuhe GmbH & Co. KG |
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Marks or signs cited in opposition: |
German and international figurative marks DEI-tex for goods in Class 25; opposition to the application for registration being brought against registration for that class |
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Decision of the Opposition Division: |
Opposition dismissed |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Partially annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 January 2007 (Case R 791/2006-2) in so far as it finds that genuine use of the earlier marks has not been proven in respect of ‘shoes’ in Class 25 covered by the application for a Community trade mark; |
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2. |
Dismisses the remainder of the action; |
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3. |
Orders OHIM to pay the costs. |