Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Eighth Chamber) of 13 May 2009 – Schuhpark Fascies v OHIM – Leder & Schuh (jello
SCHUHPARK)**

**(Case T-183/08)**

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

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. 43(2) and (3)) (see paras 20-24)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Leder & Schuh AG |
| Community trade mark sought: | Word and figurative mark jello SCHUHPARK for goods in Classes 1, 3, 9, 14, 16, 18, 21, 24 to 26 and 28 – Application No 1269372 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Schuhpark Fascies GmbH |
| Mark or sign cited in opposition: | German word mark Schuhpark for goods in Class 25 and, in that respect, the opposition was directed against registration in Classes 18, 21, 25 and 26 |
| Decision of the Opposition Division: | Opposition upheld in part and application for registration rejected in part |
| Decision of the Board of Appeal: | Annulment of the appealed decision and rejection of the opposition |

**Operative part**

The Court:

1.      Dismisses the action;

2.      Orders Schuhpark Fascies GmbH to pay the costs.

[Top](#document1)