Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 16 December 2008 – Deichmann‑Schuhe v OHIM – Design for Woman (DEITECH)**

**(Case T-86/07)**

Community trade mark – Opposition proceedings – Application for figurative Community trade mark DEITECH – Earlier national and international figurative trade marks DEI-tex – Relative ground for refusal – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 4(2) and (3)) (see paras 36-37)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 January 2007 (Case R 791/2006-2) relating to opposition proceedings between Heinrich Deichmann-Schuhe GmbH & Co. KG and Design for Woman SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Design for Woman SA |
| Community trade mark sought: | Figurative mark DEITECH for goods in Classes 18 and 25 – Application No 3378643 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Heinrich Deichmann-Schuhe GmbH & Co. KG |
| Marks or signs cited in opposition: | German and international figurative marks DEI-tex for goods in Class 25; opposition to the application for registration being brought against registration for that class |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Partially annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 January 2007 (Case R 791/2006-2) in so far as it finds that genuine use of the earlier marks has not been proven in respect of ‘shoes’ in Class 25 covered by the application for a Community trade mark; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Dismisses the remainder of the action; |

|  |  |  |
| --- | --- | --- |
| 3. |  | Orders OHIM to pay the costs. |

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