Keywords
Subject of the case
Operative part
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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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.