Order — ECLI:EU:C:2013:371
Date: 2013-06-06
Language of the case: Italian
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

Order of the Court (Sixth Chamber) of 6 June 2013 — I Marchi Italiani v OHIM (Case C‑381/12 P) Appeal — Community trade mark — Community mark B. Antonio Basile 1952 –Earlier national mark BASILE — Application for a declaration of invalidity — Limitation in consequence of acquiescence — Regulation (EC) No 40/94 — Article 53(2) — Relative ground for refusal — Article 8(1) of that regulation — Likelihood of confusion 1. Appeals — Grounds — Requirement that criticism of the General Court’s reasoning be specific (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see para. 46) 2. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court, Art. 112(1), first para., (c)) (see para. 60) 3. Appeals — Grounds — Incorrect assessment of the facts and evidence — 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. 73) Re: Appeal lodged against the judgment of the General Court (Sixth Chamber) of 28 June 2012 in Case T‑133/09 I Marchi Italiani and Basile v OHIM — Osra (B. Antonio Basile 1952) by which that court dismissed an action brought against the decision of the Second Board of Appeal of OHIM of 9 January 2009 (Case R 502/2008-2), concerning invalidity proceedings between Osra SA and I Marchi Italiani Srl — Misapplication of Article 135 of the Rules of Procedure of the General Court — Infringement of the principle of good faith — Limitation in consequence of acquiescence — Prerequisites for the limitation period to run — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue. Operative part: 1. The appeal is dismissed. 2. I Marchi Italiani Srl is ordered to pay the costs.