CELEX: 62008TJ0183
Language: en
Date: 2009-05-13
Title: Judgment of the Court of First Instance (Eighth Chamber) of 13 May 2009. # Schuhpark Fascies GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-183/08.

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.