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Case T-638/16: Judgment of the General Court of 6 December 2018 — Deichmann v EUIPO — Vans (Representation of lines on a shoe) (EU trade mark — Opposition proceedings — Application for EU figurative mark representing lines on a shoe — Earlier EU trade mark comprised of two stripes on the side of a shoe — Proof of the existence, validity and scope of the protection of an earlier international 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) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001 — Legitimate expectations)
ECLI:EU:UNKNOWN:62016TA0638
62016TA0638
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Official Journal of the European Union
C 72/20
(Case T-638/16) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark representing lines on a shoe - Earlier EU trade mark comprised of two stripes on the side of a shoe - Proof of the existence, validity and scope of the protection of an earlier international 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) - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001 - Legitimate expectations))
(2019/C 72/24)
Language of the case: German
Parties
Applicant: Deichmann SE (Essen, Germany) (represented by: C. Onken, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
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 6 July 2016 (Case R 408/2015-4) relating to opposition proceedings between Deichmann and Vans.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Deichmann SE to pay the costs.
(*)
Language of the case: German
ECLI:EU:C:2019:140
* * *