CELEX: 62007TA0086
Language: en
Date: 2008-12-16 00:00:00
Title: Case T-86/07: Judgment of the Court of First Instance of 16 December 2008 — Deichmann-Schuhe v OHIM — Design for Woman (DEITECH) (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark DEITECH — Earlier national and international figurative trade marks DEI-tex — Relative grounds for refusal — Genuine use of the earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94)

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/30
            
         Judgment of the Court of First Instance of 16 December 2008 — Deichmann-Schuhe v OHIM — Design for Woman (DEITECH)
   (Case T-86/07) (1)
   
   (Community trade mark - Opposition proceedings - Application for a figurative Community trade mark DEITECH - Earlier national and international figurative trade marks DEI-tex - Relative grounds for refusal - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94)
   (2009/C 32/55)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Heinrich Deichmann-Schuhe GmbH & Co. KG (Essen, Germany) (initially represented by O. Rauscher, lawyer, then by O. Rauscher and A. Schulz, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Design for Woman SA (Bogotá, Colombia)
   Re:
   Action brought against the decision of the Second Board of Appeal of OHIM of 22 January 2007 (case number R 791/2006-2) relating to opposition proceedings between Heinrich Deichmann-Schuhe GmbH & Co. KG and Design for Woman SA.
   Operative part of the judgment
   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 number 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.
            
         
      (1)  OJ C 117, 26.5.2007.