CELEX: 62008TJ0183
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

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.