CELEX: 62003TJ0032
Language: en
Date: 2005-03-08
Title: Judgment of the Court of First Instance (Second Chamber) of 8 March 2005. # Leder & Schuh AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community mark. # Case T-32/03.

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.