Order of the Court (Seventh Chamber) of 10 November 2016
Order of the Court (Seventh Chamber) of 10 November 2016
Data
- Court
- Court of Justice
- Case date
- 10 november 2016
Verdict
Order of the Court (Seventh Chamber) of 10 November 2016 —
100% Capri Italia v EUIPO
(Case C‑351/16 P)
"(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Figurative mark containing the word elements 100% Capri - Opposition from the proprietor of the figurative mark containing the word element CAPRI - Annulment by the General Court of the initial decision of the First Board of Appeal refusing registration - Decision of the Second Board of Appeal refusing registration in part)"
1. AppealGroundsInadequate statement of reasonsReliance by the General Court on implied reasoningLawfulnessConditions
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see para. 8)
2. 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 para. 8)
3. EU trade markDecisions of the OfficeLegalityExamination by the EU judicatureCriteria
(Council Regulation No 207/2009)
(see para. 8)
Operative part
-
The appeal is dismissed.
-
100% Capri Italia Srl is to bear its own costs.