Order — ECLI:EU:C:2016:461
Date: 2016-06-15
Language of the case: French
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: France

Order of the Court (Seventh Chamber) of 15 June 2016 — LTJ Diffusion v EUIPO (Case C‑94/16 P) Appeal — EU trade mark — Word mark ARTHUR & ASTON — Opposition from the proprietor of the national semi-figurative mark containing the word element ‘Arthur’ — Opposition dismissed 1. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible 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. 6) 2. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Subject matter and material scope of Article 15(1)(a) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 15(1), second para., (a)) (see para. 6) Operative part 1. The appeal is dismissed. 2. LTJ Diffusion is ordered to pay the costs.