Order — ECLI:EU:C:2009:450
Date: 2009-07-10
Language of the case: English
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Appeals
Procedure: Action for annulment;Appeal - inadmissible

Order of the Court (Sixth Chamber) of 10 July 2009 – Apple Computer v TKS-Teknosoft (Case C‑416/08 P) Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Word mark QUARTZ – Opposition by the proprietor of the Community figurative mark QUARTZ – Refusal to register – Similarity between goods – Likelihood of confusion – Appeal clearly inadmissible 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. 225(1), EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 22) Re: Appeal against the judgment of the Court of First Instance (Third Chamber) of 1 July 2008 in Case T‑328/05 Apple Computer v OHIM , by which the Court dismissed the action brought by the applicant for the figurative mark ‘QUARTZ’ in respect of goods in class 9 against decision R 416/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 April 2005 dismissing the appeal brought against the decision of the Opposition Division partially refusing registration of that mark in opposition proceedings brought by the proprietor of the Community figurative mark ‘QUARTZ’ in respect of services in classes 9 and 42. Operative part: 1. The appeal is dismissed. 2. Apple Computer Inc. is ordered to pay the costs.