Order of the Court (Tenth Chamber) of 25 November 2016

Data

Court: Court of Justice

Case date: 25 november 2016

Verdict

Order of the Court (Tenth Chamber) of 25 November 2016 —
U-R LAB v EUIPO

(Case C‑450/16 P)

"(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Application for registration of the figurative and word marks THE DINING EXPERIENCE - Absolute ground for refusal - No distinctive character - Regulation (EC) No 207/2009 - Article 7(1)(b) - Dismissal of application)"

1. EU trade markDefinition and acquisition of the EU trade markAbsolute grounds for refusalSeparate consideration of the pleas in law having regard to every one of the products or services covered by the application for registrationObligation to state the reasons for refusing to registerScope

(Council Regulation No 207/2009, Art. 7(1)(b))

(see para. 5)

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 TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 5)

Operative part

The appeal is dismissed.
U-R LAB shall bear its own costs.