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Document 62007TJ0086

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.

European Court Reports 2008 II-00321*

ECLI identifier: ECLI:EU:T:2008:577





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

Applicant for the Community trade mark:

Design for Woman SA

Community trade mark sought:

Figurative mark DEITECH for goods in Classes 18 and 25 – Application No 3378643

Proprietor of the mark or sign cited in the opposition proceedings:

Heinrich Deichmann-Schuhe GmbH & Co. KG

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

Decision of the Opposition Division:

Opposition dismissed

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;

2.

Dismisses the remainder of the action;

3.

Orders OHIM to pay the costs.

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