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)
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.