Judgment of the Court of First Instance of 13 May 2009 - Schuhpark Fascies v OHMI - Leder & Schuh (jello SCHUHPARK)
(Community trade mark - Opposition proceedings - Application for Community figurative and word mark jello SCHUHPARK - Earlier national word mark Schuhpark - Relative ground for refusal - Proof of use of earlier mark - Article 43(2) of Regulation (EC) No 40/94 )
Language of the case: German
Parties
Applicant: Schuhpark Fascies GmbH (Warendorf, Germany) (represented by: A. Peter and J. Braune, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Leder & Schuh AG (Graz, Austria) (represented by: W. Kellenter and A. Schlaffge, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 March 2008 (Case R 1560/2006-4), concerning opposition proceedings between Schuhpark Fascies GmbH and Leder & Schuh AG.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Schuhpark Fascies GmbH to pay the costs.
____________1 - OJ C 171, 5.7.2008.