Source: EURLEX
Language: en
Format: md

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| 4.7.2009 | EN | Official Journal of the European Union | C 153/38 |

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Judgment of the Court of First Instance of 13 May 2009 — Schuhpark Fascies v OHMI — Leder & Schuh (jello SCHUHPARK)

(Case T-183/08)[(1)](#ntr1-C_2009153EN.01003802-E0001)

(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)

2009/C 153/73

Language of the case: German

Parties

Applicant: Schuhpark Fascies GmbH (Warendorf, Germany) (represented by: A. Peter and J. Braune, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Leder & Schuh AG (Graz, Austria) (represented by: W. Kellenter and A. Schlaffge, lawyers)

Re:

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Schuhpark Fascies GmbH to pay the costs. |

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