Order of the Court (Sixth Chamber) of 4 September 2014
Order of the Court (Sixth Chamber) of 4 September 2014
Data
- Court
- Court of Justice
- Case date
- 4 september 2014
Verdict
Order of the Court (Sixth Chamber) of 4 September 2014 —
Metropolis Inmobiliarias y Restauraciones v OHIM
(Case C‑509/13 P) 1 (1)
"Appeal - Community trade mark - Regulation (EC) No 40/94 - Application for registration of a figurative mark with the word element Metro in blue and yellow - Opposition by the proprietor of the coloured Community figurative mark containing the word GRUPOMETROPOLIS - Rejection of the opposition"
1. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37, 42)
2. AppealsGroundsIncorrect assessment of the facts and evidenceReview by the Court of the findings of factPossible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 38)
Operative part
1. The appeal is dismissed.
2. Metropolis Inmobiliarias y Restauraciones SL is ordered to pay the costs.