Judgment — ECLI:EU:C:2011:727
Date: 2011-11-10
Language of the case: French
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Judgment of the Court (Seventh Chamber) of 10 November 2011 - LG Electronics, Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case C-88/11 P)  (Appeal - Community trade mark - Word sign 'KOMPRESSOR PLUS' - Refusal to register - Regulation (EC) No 40/94 - Article 7(1)(c) - Descriptive character - Consideration of new evidence by the General Court - Distortion of the facts and evidence ) Language of the case: French Parties Appellant: LG Electronics, Inc. (represented by: J. Blanchard, avocat) Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent) Re: Appeal against the judgment of the General Court (Second Chamber) of 16 December 2010 in Case T-497/09 LG Electronics v OHIM dismissing the appellant's action against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1) concerning an application for registration of the word sign KOMPRESSOR PLUS as a Community trade mark - Descriptive nature of the mark - Article 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) - Consideration of new facts by the General Court - Distortion of the evidence Operative part of the judgment The Court: 1. Dismisses the appeal; 2. Orders LG Electronics Inc. to pay the costs. ____________ 1 - OJ C 120, 16. 4. 2011.