Order — ECLI:EU:C:2017:855
Date: 2017-11-09
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property;Procedural provisions
Procedure: Action for annulment;Appeal;Application as to costs - inadmissible
Origin: Germany

summary of the arguments of the Board of Appeal preceding the description of the errors of assessment which the Board of Appeal is alleged to have made — Absence (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1) (see para. 29) 2. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Requirement that the distinctive elements of the earlier mark be assessed prior to the assessment of genuine use (Council Regulation No 207/2009, Art. 15(1)(a)) (see para. 30) 3. Appeal — 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 paras 33, 39) Operative part The Court: 1. Dismisses the appeal; 2. Orders Lotte Co. Ltd to bear, in addition to its own costs, the costs incurred by Nestlé Unternehmungen Deutschland GmbH; 3. The European Union Intellectual Property Office (EUIPO) shall bear its own costs. 1 OJ C 59, 15.2.2016.