Order — ECLI:EU:C:2014:2480
Date: 2014-12-11
Language of the case: French
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: France

Order of the Court (Sixth Chamber) of 11 December 2014 – Compagnie des bateaux mouches v OHIM (Case C‑368/14 P) Appeals — Community trade mark — Figurative mark containing the word elements ‘BATEAUX-MOUCHES’ — Partial refusal of registration by the examiner — Definition of ‘relevant public’ 1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Meaning — Criteria for assessment (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 18, 19) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Assessment of the distinctive character — Determination of the relevant public — Mark containing word elements (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 21) 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 paras 23-25) Operative part 1. The appeal is dismissed. 2. Compagnie des bateaux mouches SA is ordered to pay the costs.