Judgment of the General Court (First Chamber) of 16 December 2008.#Heinrich Deichmann-Schuhe GmbH & Co. KG v European Union Intellectual Property Office.#Case T-86/07.

Subject of the case

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

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Operative part

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.