(Case T-32/03)

Community trade mark – Opposition proceedings – Earlier national word mark ‘Schuhpark’ – Application for Community word mark ‘JELLO SCHUHPARK’ – Relative ground for refusal – Partial refusal to register – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Word Marks JELLO SCHUHPARK and Schuhpark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 51)

Re:

ACTION against the decision of the Third Board of Appeal of OHIM of 27 November 2002, in the corrected version of 9 December 2002 (Case R 494/1999-3), relating to opposition proceedings between Schuhpark Fascies GmbH and Leder & Schuh AG.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

The word mark ‘JELLO SCHUHPARK’ for goods in Classes 18, 25 and 28 – Application No 107367

Proprietor of mark or sign cited in the opposition proceedings:

Schuhpark Fascies GmbH

Mark or sign cited in opposition:

German word mark ‘Schuhpark’ for goods in Class 25

Decision of the Opposition Division

Dismissal of the applicant’s application for goods in Class 18. Dismissal of the opposition as to the remainder

Decision of the Board of Appeal:

Dismissal of the appeal brought by the applicant

Operative part

The Court:

1.Dismisses the application;

2.Orders the applicant to bear the costs.