Order — ECLI:EU:C:2011:73
Date: 2011-02-15
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

Order of the Court (Fifth Chamber) of 15 February 2011 – Perfetti Van Melle v OHIM (Case C-353/09 P) Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Invalidity proceedings – Community word mark CENTER SHOCK – Earlier national word mark CENTER – Examination of the likelihood of confusion Appeals – Grounds – 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) second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 40) Re: Appeal brought against the judgment of 1 July 2009 in Case T‑16/08 Perfetti Van Melle v OHIM – Cloetta Fazer dismissing an action for annulment brought by the proprietor of Community word mark ‘CENTER SHOCK’ for goods in Class 30 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 November 2007 (Case R 149/2006‑4) dismissing the appeal against the decision of the Cancellation Division granting the application for a declaration of invalidity of that mark made by the proprietor of the earlier national word marks ‘CENTER’ and ‘CLOETTA CENTER’ for goods in, inter alia, Class 30 – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 Operative part 1. The appeal is dismissed. 2. Perfetti Van Melle SpA is ordered to pay the costs.