CELEX: 62007TJ0086
Language: en
Date: 2008-12-16
Title: Judgment of the Court of First Instance (First Chamber) of 16 December 2008. # Heinrich Deichmann-Schuhe GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for figurative Community trade mark DEITECH - Earlier national and international figurative trade marks DEI-tex - Relative ground for refusal - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94. # Case T-86/07.

Judgment of the Court of First Instance (First Chamber) of 16 December 2008 – Deichmann‑Schuhe v OHIM – Design for Woman (DEITECH)
      (Case T-86/07)
      Community trade mark – Opposition proceedings – Application for figurative Community trade mark DEITECH – Earlier national and international figurative trade marks DEI-tex – Relative ground for refusal – Genuine use of the earlier mark – Article 43(2) and (3) 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. 4(2) and (3)) (see paras 36-37)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 January 2007 (Case R 791/2006-2) relating
                  to opposition proceedings between Heinrich Deichmann-Schuhe GmbH & Co. KG and Design for Woman SA.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Design for Woman SA
            
         
               Community trade mark sought:
            
            
               Figurative mark DEITECH for goods in Classes 18 and 25 – Application No 3378643
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Heinrich Deichmann-Schuhe GmbH & Co. KG
            
         
               Marks or signs cited in opposition:
            
            
               German and international figurative marks DEI-tex for goods in Class 25; opposition to the application for registration being
                  brought against registration for that class
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Partially annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
                     Marks and Designs) of 22 January 2007 (Case R 791/2006-2) in so far as it finds that genuine use of the earlier marks has
                     not been proven in respect of ‘shoes’ in Class 25 covered by the application for a Community trade mark;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the remainder of the action;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders OHIM to pay the costs.