Judgment — ECLI:EU:C:2007:171
Date: 2007-03-15
Language of the case: English
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Appeals;General
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Judgment of the Court (Seventh Chamber) of 15 March 2007 – T.I.M.E. ART v OHIM (Case C‑171/06 P) Appeal – Community trade mark – Regulation (EC) No 40/94 − Article 8(1)(b) − Figurative mark − Opposition by the proprietor of an earlier national trade mark – Likelihood of confusion 1. Appeals – Pleas in law – Plea submitted for the first time in the context of the appeal – Inadmissible (see paras 22-24) 2. Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an identical or similar earlier mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 33-41) 3. Appeals – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 51) Re: Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 12 January 2005 in Case T-147/03 Devinlec Développement Innovation Leclerc v OHIM annulling, upon application by the proprietor of the national figurative mark QUANTIEME for goods in Classes 14 and 18, Decision R 109/2002-3 of the Third Board of Appeal of OHIM of 30 January 2003 which annulled the decision of the Opposition Division refusing registration of the figurative Community trade mark QUANTUM for goods in Class 14. Operative part 1. The appeal is dismissed. 2. T.I.M.E. ART Uluslararasi Saat Ticareti ve diş Ticaret AŞ is ordered to pay the costs.