Order — ECLI:EU:C:2017:977
Date: 2017-12-14
Language of the case: English
Court formation: Ninth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property;Procedural provisions
Procedure: Action for annulment;Appeal;Application as to costs
Origin: Romania

summary of the pleas in law on which the application is based — Unclear — Inadmissibility (Rules of Procedure of the General Court (1991), Art. 44(1)(c)) (see paras 46, 47) 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 56) 3. EU trade mark — Procedural provisions — Opposition proceedings — Formality required prior to the exercise of the right of opposition — Payment of the opposition fee — Scope (Commission Regulation No 2868/95, Art. 1, Rule 17(1) (see paras 62-64) 4. EU trade mark — Observations of third parties and opposition — Examination of the opposition — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Continuation of the procedure for examining the opposition — Transmitting observations from the opponent to the applicant — Error of law — Effect limited to the lawfulness of the procedure before EUIPO (Commission Regulation No 2868/95, Art. 1, Rules 19 and 20(1) and (2)) (see paras 69-73) 5. EU trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of EUIPO — Examination by the Board of Appeal — Scope — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Art. 76(2); Commission Regulation No 2868/95, Art. 1, Rule 19(2)(a)(ii)) (see paras 89, 90) Operative part 1. The appeal is dismissed. 2. Real Express SRL shall bear its own costs and pay the costs of the European Union Intellectual Property Office (EUIPO) and of MIP Metro Group Intellectual Property GmbH & Co. KG. 1 OJ C 398, 30.11.2015.