Order — ECLI:EU:C:2013:397
Date: 2013-06-13
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible
Origin: Germany

Order of the Court (Seventh Chamber) of 13 June 2013 — DMK v OHIM (Case C‑346/12 P) Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark MILRAM — Opposition by the proprietor of the earlier national word and figurative marks RAM Appeals — 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 41‑43) Re: Appeal against the judgment of the General Court (Fourth Chamber) of 22 May 2012 in Case T‑546/10 Nordmilch v OHIM — LACTIMILK (MILRAM) by which the General Court dismissed an action against the decision of the Fourth Board of Appeal of OHIM of 15 September 2010 (Joined Cases R 1041/2009-4 and R 1053/2009-4) concerning opposition proceedings between Lactimilk SA and Nordmilch AG — Likelihood of confusion — Incorrect assessment of the similarity of the marks at issue — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1). Operative part: 1. The appeal is dismissed. 2. DMK Deutsches Milchkontor GmbH is ordered to pay the costs.