Order — ECLI:EU:C:2017:655
Date: 2017-09-07
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: United Kingdom

Order of the Court (Sixth Chamber) of 7 September 2017 — Natural Instinct v M.I. Industries (Case C‑218/17 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark Natural Instinct Dog and Cat food as nature intended — Opposition proceedings — Genuine use of the earlier mark) 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 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 4, 5) Operative part 1. The appeal is dismissed. 2. Natural Instinct Ltd shall bear its own costs.