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Case T-479/08: Judgment of the General Court of 29 September 2011 — adidas v OHIM — Patrick Holding (Representation of a shoe with two stripes) (Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a shoe with two stripes on the side — Earlier national trade mark representing a shoe with three stripes on the side — Relative ground for refusal — Failure to substantiate the earlier right — Failure to translate elements essential to substantiating the registration of the earlier trade mark — Rule 16(3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95)
ECLI:EU:UNKNOWN:62008TA0479
62008TA0479
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12.11.2011
Official Journal of the European Union
C 331/17
(Case T-479/08) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a shoe with two stripes on the side - Earlier national trade mark representing a shoe with three stripes on the side - Relative ground for refusal - Failure to substantiate the earlier right - Failure to translate elements essential to substantiating the registration of the earlier trade mark - Rule 16(3), Rule 17(2) and Rule 20(2) of Regulation (EC) No 2868/95)
2011/C 331/30
Language of the case: English
Parties
Applicant: adidas AG (Herzogenaurach, Germany) (represented by: V. von Bomhard, A. Renck, and I. Fowler, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Patrick Holding ApS (Fredensborg, Denmark) (represented by: J. Løge and T. Meedom, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 27 August 2008 (Case R 849/2007-2) relating to opposition proceedings between adidas AG and Patrick Holding ApS.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders adidas AG to pay the costs.
(<span class="super">1</span>) OJ C 6, 10.1.2009.