Judgment of the General Court (Sixth Chamber) of 29 September 2011 – adidas v OHIM – Patrick Holding (Representation of a shoe with two stripes)

(Case T-479/08)

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

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Failure, within the prescribed period, to produce the translation of the certificate of registration of the earlier national mark – Impact on the procedure before the Opposition Division (Commission Regulation No 2868/95, Art. 1, Rule 17(2)) (see paras 32-33)

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

The Court:

1. Dismisses the action;

2. Orders adidas AG to pay the costs.