Source: EURLEX
Language: en
Format: md

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

---

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

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

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

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

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; |

|  |  |
| --- | --- |
| — | 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; |

|  |  |
| --- | --- |
| — | 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

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

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

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

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

Decision of the Opposition Division: Rejected the opposition

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

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009,[(1)](#ntr1-C_2010100EN.01005601-E0001) since there is no likelihood of confusion between the opposing marks

---

[Top](#document1)