Order — ECLI:EU:C:2014:60
Date: 2014-01-30
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded
Origin: Portugal

Order of the Court (Sixth Chamber) of 30 January 2014 — Fercal v OHIM (Case C‑324/13 P) Appeal — Community trade mark — Word mark PATRICIA ROCHA — Opposition by the proprietor of the national word mark ROCHAS — Refusal to register by the Opposition Division of OHIM — Inadmissibility of the action brought before the Board of Appeal of OHIM 1. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility — Challenge to the interpretation or application of EU law by the General Court — Admissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58) (cf. point 39) 2. Community trade mark — Appeals procedure — Form of appeal and period within which it must be brought — Pleading setting out the grounds lodged within the period prescribed — Condition of admissibility (Council Regulation No 40/94, Art. 59; Commission Regulation No 2868/95, Art. 1, Rules 62(3) and 70(2) and (4)) (see paras 42-48) Re: Appeal against the judgment of the General Court (Fifth Chamber) of 10 April 2013 in Case T‑360/11 Fercal — Consultadoria e Serviços v OHIM — Parfums Rochas (PATRIZIA ROCHA) by which the General Court dismissed an action against the decision of the Second Board of Appeal of OHIM of 8 April 2011 (Case R 2355/2010-2), relating to opposition proceedings between Parfums Rochas SAS and Fercal — Consultadoria e Serviços, Lda. Operative part 1. The appeal is dismissed. 2. Fercal — Consultadoria e Serviços, Lda. is ordered to pay the costs.