Order of the Court (Eighth Chamber) of 4 February 2016
Order of the Court (Eighth Chamber) of 4 February 2016
Data
- Court
- Court of Justice
- Case date
- 4 februari 2016
Verdict
Order of the Court (Eighth Chamber) of 4 February 2016 — Emsibeth v OHIM
(Case C‑251/15 P)(1)
"Appeal - Article 181 of the Rules of Procedure of the Court - Community trade mark - Application for registration of the figurative mark Nael - Opposition by the proprietor of prior Community word mark Mc Neal - Refusal of registration - Regulation (EC) No 207/2009 - Article 8(1)(b) - Determination of the relevant public - Assessment of the comparison of the goods, the similarity of the signs and the likelihood of confusion)"
1. AppealGroundsIncorrect assessment of the facts and evidenceInadmissibilityReview by the Court of the assessment of the facts and evidencePossible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 28-30, 37)
2. AppealGroundsMere repetition of the pleas and arguments put forward before the General CourtMistaken assessment of the factsInadmissibilityRejection (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 34)
3. AppealGroundsError of lawFailure to take account of all the relevant factors for the assessment of the likelihood of confusion within the meaning of Article 8(1)(b) of Regulation No 207/2009Admissibility (Art. 256 TFUE; Statute of the Court of Justice, Art. 58, first para.) (see para. 44)
4. 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 45, 46)
Operative part
1. The appeal is dismissed.
2. Emsibeth SpA is ordered to pay the costs.