Order — ECLI:EU:C:2012:289
Date: 2012-05-11
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible

Order of the Court (Sixth Chamber) of 11 May 2012 — LAN Airlines v OHIM (Case C‑198/11 P) Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark LÍNEAS AÉREAS DEL MEDITERRÁNEO LAM — Application for registration — Opposition by the proprietor of the earlier Community word and figurative marks LAN — Rejection of the opposition — No likelihood of confusion — Appeal manifestly inadmissible Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of Justice of the assessment of the facts put before the Court of First Instance — 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 para. 33) Re: Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 February 2011 in Case T‑194/09 Lan Airlines v OHIM — Air Nostrum, Líneas Aéreas del Mediterráneo , by which that court dismissed an appeal brought against the decision of the Fourth Board of Appeal of OHIM of 19 February 2009 (Case R 107/2008/4), relating to opposition proceedings between Lan Airlines, SA and Air Nostrum, Líneas Aéreas del Mediterráneo, SA. Operative part 1. The appeal is dismissed. 2. LAN Airlines SA is ordered to pay the costs.