CELEX: 62009TJ0415
Community trade mark
Opposition proceedings
Application for registration of the Community word mark FISHBONE
Earlier national figurative mark FISHBONE BEACHWEAR
Relative ground for refusal
Partial refusal of registration
Genuine use of the earlier mark
Consideration of additional evidence
Statement of reasons
Proof of genuine use
Likelihood of confusion
Article 42(2) and (3) and Article 76(2) of Regulation (EC) No 207/2009
Second sentence of Rule 22(2) of Regulation (EC) No 2868/95
Article 75 of Regulation No 207/2009
First subparagraph and second subparagraph, heading (a), of Article 15(1) and Article 42(2), (3) and (5) of Regulation No 207/2009
Article 8(1)(b) of Regulation No 207/2009

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
The Court:
1.
Dismisses the action;
2.
Orders New Yorker SHK Jeans GmbH & Co. KG to pay the costs.