Official Journal of the European Union

C 260/9

(Case C-621/11 P) (<span class="super">1</span>)

(Appeal - Application for registration of the Community word mark FISHBONE - Opposition proceedings - Earlier national figurative mark FISHBONE BEACHWEAR - Genuine use of the earlier mark - Taking into account additional evidence not submitted within the time-limit set - Regulation (EC) No 207/2009 - Articles 42(2) and (3) and Article 76(2) - Regulation (EC) No 2868/95 - Rule 22(2))

2013/C 260/16

Language of the case: English

Parties

Appellant: New Yorker SHK Jeans GmbH & Co. KG, formerly New Yorker SHK Jeans GmbH (represented by: V. Spitz, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent), Vallis K. — Vallis A. & Co. O.E

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 29 September 2011 in Case T-415/09 New Yorker SHK Jeans v OHIM by which that court dismissed an action for annulment brought by the applicant for the word mark ‘FISHBONE’, for goods in Classes 18 and 25, against decision R 1051/2008-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 July 2009, rejecting in part the appeal brought against the decision of the Opposition Division refusing in part registration of that mark in the context of the opposition formed by the proprietor of the national mark ‘FISHBONE BEACHWEAR’ for the goods in Class 25, and the national sign ‘Fishbone’ used in business — Genuine use of the earlier mark — Taking into account additional evidence

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders New Yorker SHK Jeans GmbH & Co. KG to pay the costs.

(<span class="super">1</span>) OJ C 25, 28.1.2012.