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Case T-848/16: Judgment of the General Court of 6 December 2018 — Deichmann v EUIPO — Vans (V) (EU trade mark — Opposition proceedings — Application for EU figurative mark V — Earlier international figurative marks V — Proof of the existence, validity and scope of the protection of an earlier trade mark — Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625))
ECLI:EU:UNKNOWN:62016TA0848
62016TA0848
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Official Journal of the European Union
C 72/21
(Case T-848/16) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark V - Earlier international figurative marks V - Proof of the existence, validity and scope of the protection of an earlier trade mark - Rule 19(2)(a)(ii) of Regulation (EC) No 2868/95 (now Article 7(2)(a)(ii) of Delegated Regulation (EU) 2018/625)))
(2019/C 72/26)
Language of the case: German
Parties
Applicant: Deichmann SE (Essen, Germany) (represented by: C. Onken, lawyer)
Defendant: European Union Intellectual Property Office (represented by: A. Söder and D. Hanf, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Vans, Inc. (Cypress, California, United States) (represented by: M. Hirsch, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 September 2016 (Case R 2129/2015-4) relating to opposition proceedings between Deichmann and Vans.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 September 2016 (Case R 2129/2015-4);
2.Orders EUIPO to bear its own costs as well as those incurred by Deichmann SE;
3.Orders Vans, Inc. to bear its own costs.
(*)
Language of the case: German
(1)
OJ C 38, 6.2.2017.
* * *