Keywords
Subject of the case
Operative part

Keywords

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Time-limit set by the Office – Submission of additional evidence after expiry of the time-limit where there are new factors – Lawfulness (Commission Regulation No 2868/95, Art. 1, Rule 22(1)) (see paras 27, 31)

2. Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 207/09, Art. 42(2) and (3)) (see paras 51-53)

3. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/09, Art. 8(1)(b)) (see paras 87, 94, 97)

Subject of the case

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 30 July 2009 (Case R 1051/2008-1), concerning opposition proceedings between Vallis K. – Vallis A. & Co. OE and New Yorker SHK Jeans GmbH & Co. KG.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders New Yorker SHK Jeans GmbH & Co. KG to pay the costs.