Judgment of the General Court of 29 September 2011 - adidas v OHIM - Patrick Holding (Representation of a shoe with two stripes)
(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a shoe with two stripes on the side - Earlier national trade mark representing a shoe with three stripes on the side - Relative ground for refusal - Failure to substantiate the earlier right - Failure to translate elements essential to substantiating the registration of the earlier trade mark - Rule 16(3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95)
Language of the case: English
Parties
Applicant: adidas AG (Herzogenaurach, Germany) (represented by: V. von Bomhard, A. Renck, and I. Fowler, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løge and T. Meedom, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 27 August 2008 (Case R 849/2007-2) relating to opposition proceedings between adidas AG and Patrick Holding ApS.
Operative part of the judgment
The Court:
Dismisses the action;
Orders adidas AG to pay the costs.
____________1 - OJ C 6, 10.1.2009.