Order — ECLI:EU:C:2018:233
Date: 2018-04-12
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal
Origin: Spain

Order of the Court (Sixth Chamber) of 12 April 2018 — Grupo Osborne v EUIPO (Case C‑652/17 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark containing the word element “BADTORO” — Opposition proceedings — Earlier figurative and word marks of the European Union TORO — Relative ground for refusal — Rejection in part of the application for registration — Annulment — No likelihood of confusion) 1. Appeal — Grounds — Lack of specific criticism of a point of the General Court’s reasoning and of legal arguments in support of the appeal — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169) (see paras 6, 7) 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 6, 7) 3. EU trade mark — Definition and acquisition of the EU 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 6, 7) Operative part 1. The appeal is dismissed. 2. Grupo Osborne SA is to bear its own costs. 2. Grupo Osborne SA is to bear its own costs.