CELEX: 62007TJ0086
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

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.