Order — ECLI:EU:C:2016:125
Date: 2016-02-25
Language of the case: German
Court formation: Ninth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Germany

Order of the Court (Ninth Chamber) of 25 February 2016 — Steinbeck v OHIM (Case C‑346/15 P) (1) Appeal — Article 181 of Rules of Procedure of the Court of Justice — Community word marks BE HAPPY — Declaration of invalidity — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character 1. Appeal — Grounds — Lack of specific criticism of a point of the General Court’s reasoning — Failure to indicate the paragraphs of the judgment under appeal that are contested — Inadmissibility (Rules of Procedure of the Court of Justice, Art. 169(2)) (see paras 27-29) 2. 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. 33) Operative part 1. The appeal is dismissed. 2. Steinbeck GmbH is ordered to pay the costs. 1 – OJ 302, 14.9.2015.