Order — ECLI:EU:C:2017:447
Date: 2017-06-07
Language of the case: German
Court formation: Tenth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal
Origin: Bulgaria

Order of the Court (Tenth Chamber) of 7 June 2017 — Capella v EUIPO (Case C‑687/16 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark ELGO — Rejection of the application for registration) 1. Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see para. 4) 2. Appeal — Grounds — Lack of specific criticism of a point of the General Court’s reasoning and of legal arguments in support of the appeal — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d) and Art. 169) (see para. 4) 3. Appeal — 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(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 4) Operative part 1. The appeal is dismissed. 2. Capella EOOD is ordered to pay the costs.