CELEX: 62008TJ0479
Community trade mark
Opposition proceedings
Application for a Community figurative mark representing a shoe with two stripes on the side
Earlier national trade mark representing a shoe with three stripes on the side
Relative ground for refusal
Failure to substantiate the earlier right
Failure to translate elements essential to substantiating the registration of the earlier trade mark
Rule 16(3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95

ACTION brought against the decision of the Second Board of Appeal of OHIM of 27 August 2008 (Case R 849/2007-2) relating to
opposition proceedings between adidas AG and Patrick Holding ApS.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders adidas AG to pay the costs.