Order — ECLI:EU:C:2015:705
Date: 2015-10-15
Language of the case: Italian
Court formation: Ninth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

Order of the Court (Ninth Chamber) of 15 October 2015 — Cantina Broglie 1 v OHIM (Case C‑33/15 P) Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Word mark ZENATO RIPASSA — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b) 1. Appeal — Pleas in Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see para. 35) 2. 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 51, 52) 3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 58) Operative part 1. The appeal is dismissed. 2. Cantina Broglie 1 Srl is ordered to pay the costs.