This document is an excerpt from the EUR-Lex website
Document 62008TJ0183
Summary of the Judgment
Summary of the Judgment
Judgment of the Court of First Instance (Eighth Chamber) of 13 May 2009 — Schuhpark Fascies v OHIM — Leder & Schuh (jello SCHUHPARK)
(Case T-183/08)
‛Community trade mark — Opposition proceedings — Application for Community figurative and word mark jello SCHUHPARK — Earlier national word mark Schuhpark — Relative ground for refusal — Proof of use of earlier mark — Article 43(2) 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. 43(2) and (3)) (see paras 20-24)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 March 2008 (Case R 1560/2006-4), concerning opposition proceedings between Schuhpark Fascies GmbH and Leder & Schuh AG.
Information relating to the case
Applicant for the Community trade mark: |
Leder & Schuh AG |
Community trade mark sought: |
Word and figurative mark jello SCHUHPARK for goods in Classes 1, 3, 9, 14, 16, 18, 21, 24 to 26 and 28 — Application No 1269372 |
Proprietor of the mark or sign cited in the opposition proceedings: |
Schuhpark Fascies GmbH |
Mark or sign cited in opposition: |
German word mark Schuhpark for goods in Class 25 and, in that respect, the opposition was directed against registration in Classes 18, 21, 25 and 26 |
Decision of the Opposition Division: |
Opposition upheld in part and application for registration rejected in part |
Decision of the Board of Appeal: |
Annulment of the appealed decision and rejection of the opposition |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Schuhpark Fascies GmbH to pay the costs. |