Source: EURLEX
Language: en
Format: md

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| 6.7.2015 | EN | Official Journal of the European Union | C 221/12 |

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Judgment of the General Court of 21 May 2015 — adidas v OHIM — Shoe Branding Europe (Two parallel stripes on a shoe)

(Case T-145/14)[(1)](#ntr1-C_2015221EN.01001201-E0001)

((Community trade mark - Opposition proceedings - Application for Community position mark consisting of two parallel stripes on a shoe - Community and national figurative marks and earlier international registration representing three parallel stripes applied to shoes and clothing - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))

(2015/C 221/16)

Language of the case: English

Parties

Applicant: adidas AG (Herzogenaurach, Germany) (represented initially by: V. von Bomhard and J. Fuhrmann, lawyers, and subsequently by I. Fowler, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Shoe Branding Europe BVBA (Oudenaarde, Belgium) (represented by J. Løje, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2013 (Case R 1208/2012-2), relating to opposition proceedings between adidas AG and Shoe Branding Europe BVBA.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2013 (Case R 1208/2012-2); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by adidas AG; |

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| 3. | Orders Shoe Branding Europe BVBA to bear its own costs. |

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