ECLI:EU:T:2008:577

Judgment of the Court of First Instance (First Chamber) of 16 December 2008 – Deichmann‑Schuhe v OHIM – Design for Woman (DEITECH) (Case T-86/07) Community trade mark – Opposition proceedings – Application for figurative Community trade mark DEITECH – Earlier national and international figurative trade marks DEI-tex – Relative ground for refusal – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark (Council Regulation No 40/94, Art. 4(2) and (3)) (see paras 36-37) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 22 January 2007 (Case R 791/2006-2) relating to opposition proceedings between Heinrich Deichmann-Schuhe GmbH & Co. KG and Design for Woman SA. Information relating to the case Applicant for the Community trade mark: Design for Woman SA Community trade mark sought: Figurative mark DEITECH for goods in Classes 18 and 25 – Application No 3378643 Proprietor of the mark or sign cited in the opposition proceedings: Heinrich Deichmann-Schuhe GmbH & Co. KG Marks or signs cited in opposition: German and international figurative marks DEI-tex for goods in Class 25; opposition to the application for registration being brought against registration for that class Decision of the Opposition Division: Opposition dismissed Decision of the Board of Appeal: Appeal dismissed Operative part 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 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.