# C_2010100EN.01005601.xml

| 17.4.2010 | EN | Official Journal of the European Union | C 100/56 |
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17.4.2010

EN

Official Journal of the European Union

C 100/56

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Action brought on 5 February 2010 — The Footwear Co. Ltd v OHIM — Reno Schuhcentrum (swiss cross FOOTWEAR)

(Case T-49/10)

2010/C 100/82

Language in which the application was lodged: German

Parties

Parties

Applicant: The Footwear Co. Ltd (Chai Wan, Hong Kong, China) (represented by: G. Griss and C. Loidl, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Reno Schuhcentrum GmbH (Thaleischweiler-Fröschen, Germany)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2009 in Case R 1705/2008-4; |
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2009 in Case R 1705/2008-4;

| — | Reject definitively and in its entirety the opposition to registration of the mark applied for in respect of goods in Classes 25 and 28; |
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Reject definitively and in its entirety the opposition to registration of the mark applied for in respect of goods in Classes 25 and 28;

| — | Order the Office for Harmonisation in the Internal Market to grant registration of the mark applied for; |
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Order the Office for Harmonisation in the Internal Market to grant registration of the mark applied for;

| — | Order the Office for Harmonisation in the Internal Market to pay the costs, including those incurred in the opposition proceedings and before the Board of Appeal. |
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Order the Office for Harmonisation in the Internal Market to pay the costs, including those incurred in the opposition proceedings and before the Board of Appeal.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The Footwear Co. Ltd

Applicant for a Community trade mark:

Community trade mark concerned: the word mark ‘swiss cross FOOTWEAR’ for goods in Classes 25 and 28 (Registration No 4 686 549)

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Reno Schuhcentrum GmbH

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: the German word mark ‘criss cross’ No 30 229 875 for goods in Classes 14, 18, 25 and 28

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejected the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the Community trade mark application

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks

Pleas in law:

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(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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