CELEX: 62008TA0479
Language: en
Date: 2011-09-29 00:00:00
Title: Case T-479/08: Judgment of the General Court of 29 September 2011 — adidas v OHIM — Patrick Holding (Representation of a shoe with two stripes) (Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a shoe with two stripes on the side — Earlier national trade mark representing a shoe with three stripes on the side — Relative ground for refusal — Failure to substantiate the earlier right — Failure to translate elements essential to substantiating the registration of the earlier trade mark — Rule 16(3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95)

12.11.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/17
            
         Judgment of the General Court of 29 September 2011 — adidas v OHIM — Patrick Holding (Representation of a shoe with two stripes)
   (Case T-479/08) (1)
   
   (Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a shoe with two stripes on the side - Earlier national trade mark representing a shoe with three stripes on the side - Relative ground for refusal - Failure to substantiate the earlier right - Failure to translate elements essential to substantiating the registration of the earlier trade mark - Rule 16(3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95)
   2011/C 331/30
   Language of the case: English
   
      Parties
   
   
      Applicant: adidas AG (Herzogenaurach, Germany) (represented by: V. von Bomhard, A. Renck, and I. Fowler, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løge and T. Meedom, lawyers)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 27 August 2008 (Case R 849/2007-2) relating to opposition proceedings between adidas AG and Patrick Holding ApS.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders adidas AG to pay the costs.
            
         
      (1)  OJ C 6, 10.1.2009.