Order — ECLI:EU:C:2016:923
Date: 2016-12-01
Language of the case: English
Court formation: Tenth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Order of the Court (Tenth Chamber) of 1 December 2016 — Market Watch Franchise & Consulting v EUIPO (Case C‑401/16 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark MITOCHRON — Relative ground for refusal — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b)) 1. EU trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Permission to lodge a reply — Discretion of the Court (Rules of Procedure of the General Court (1991), Art. 135(2)) (see paras 5, 6) 2. Appeal — Grounds — Procedural irregularity — Need for the interests of the appellant to be adversely affected — Burden of proof (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 5, 6) 3. Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Manifest inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169(2)) (see paras 5, 6) 4. 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 5, 6) 5. 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 — Likelihood of confusion with the earlier mark — Earlier mark consisting in an EU trade mark — Refusal to register on a ground relating to refusal even limited to part of the Union (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 5, 6) 6. 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 — Likelihood of confusion with the earlier mark — Objective marketing considerations to be taken into account (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 5, 6) Operative part 1. The appeal is dismissed. 2. Market Watch Franchise & Consulting Inc. shall bear its own costs.