Order — ECLI:EU:C:2016:79
Date: 2016-01-28
Language of the case: Polish
Court formation: Tenth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded
Origin: Poland

Order of the Court (Tenth Chamber) of 28 January 2016 — Harper Hygienics v OHIM (Case C‑374/15 P) Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark comprising the word elements CLEANIC natural beauty — Application for registration — Earlier Community work marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion 1. 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 para. 32) 2. 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 207/2009, Art. 8(1)(b)) (see paras 52, 53) 3. Appeal — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (see para. 59) 4. 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 — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 70) Operative part 1. The appeal is dismissed. 2. Harper Hygienics SA is ordered to pay the costs.