Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 8 March 2005 − Leder & Schuh v OHIM – Schuhpark Fascies (JELLO
SCHUHPARK)**

**(Case T-32/03)**

Community trade mark – Opposition proceedings – Earlier national word mark ‘Schuhpark’ – Application for Community word mark ‘JELLO SCHUHPARK’ – Relative ground for refusal – Partial refusal to register – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark – Word Marks JELLO SCHUHPARK and Schuhpark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 51)

**Re:**

|  |  |
| --- | --- |
|  | ACTION against the decision of the Third Board of Appeal of OHIM of 27 November 2002, in the corrected version of 9 December 2002 (Case R 494/1999-3), relating to 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: | The word mark ‘JELLO SCHUHPARK’ for goods in Classes 18, 25 and 28 – Application No 107367 |
| Proprietor of 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 |
| Decision of the Opposition Division | Dismissal of the applicant’s application for goods in Class 18. Dismissal of the opposition as to the remainder |
| Decision of the Board of Appeal: | Dismissal of the appeal brought by the applicant |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the application; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders the applicant to bear the costs. |

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