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Judgment of the General Court (Sixth Chamber) of 29 September 2011. # New Yorker SHK Jeans GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for registration of the Community word mark FISHBONE - Earlier national figurative mark FISHBONE BEACHWEAR - Relative ground for refusal - Partial refusal of registration - Genuine use of the earlier mark - Consideration of additional evidence - Statement of reasons - Proof of genuine use - Likelihood of confusion - Article 42(2) and (3) and Article 76(2) of Regulation (EC) No 207/2009 - Second sentence of Rule 22(2) of Regulation (EC) No 2868/95 - Article 75 of Regulation No 207/2009 - First subparagraph and second subparagraph, heading (a), of Article 15(1) and Article 42(2), (3) and (5) of Regulation No 207/2009 - Article 8(1)(b) of Regulation No 207/2009. # Case T-415/09.
ECLI:EU:T:2011:550
62009TJ0415
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(Case T-415/09)
Community trade mark – Opposition proceedings – Application for registration of the Community word mark FISHBONE – Earlier national figurative mark FISHBONE BEACHWEAR – Relative ground for refusal – Partial refusal of registration – Genuine use of the earlier mark – Consideration of additional evidence – Statement of reasons – Proof of genuine use – Likelihood of confusion – Article 42(2) and (3) and Article 76(2) of Regulation (EC) No 207/2009 – Second sentence of Rule 22(2) of Regulation (EC) No 2868/95 – Article 75 of Regulation No 207/2009 – First subparagraph and second subparagraph, heading (a), of Article 15(1) and Article 42(2), (3) and (5) of Regulation No 207/2009 – Article 8(1)(b) of Regulation No 207/2009
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 30 July 2009 (Case R 1051/2008-1), concerning opposition proceedings between Vallis K. – Vallis A. & Co. OE and New Yorker SHK Jeans GmbH & Co. KG.
Operative part
The Court:
1.Dismisses the action;
2.Orders New Yorker SHK Jeans GmbH & Co. KG to pay the costs.