Judgment — ECLI:EU:C:2017:600
Date: 2017-07-26
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Germany

summary of the case-law in paragraph 53 thereof, the General Court, in paragraphs 54 to 59 of the judgment under appeal, carried out a visual assessment of the signs at issue without referring to the conceptual meaning of the element ‘mini’. There is therefore no ground for complaining that the General Court confused the assessment of visual similarity and that of conceptual similarity. 77 Accordingly, that argument must be rejected as unfounded. 78 As to the argument alleging distortion, it suffices to state that, since the General Court’s assessment is not vitiated by the alleged confusion between the concepts of visual similarity and conceptual similarity, that argument is entirely without foundation. 79 That being so, the sixth part of the first ground of appeal must be rejected as unfounded. Costs 80 Under Article 184(2) of the Rules of Procedure of the Court of Justice, where the appeal is unfounded the Court is to make a decision as to costs. Under Article 138(1) of those rules, which applies to appeal proceedings by virtue of Article 184(1) thereof, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party’s pleadings. 81 Since EUIPO and Fratelli Beretta have applied for costs to be awarded against Meica and Meica has been unsuccessful, it must be ordered to bear its own costs and to pay those incurred by EUIPO and Fratelli Beretta. On those grounds, the Court (Sixth Chamber) hereby: 1. Dismisses the appeal; 2. Orders Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG to pay the costs. Regan Arabadjiev Fernlund Delivered in open court in Luxembourg on 26 July 2017. A. Calot Escobar E. Regan Registrar President of the Sixth Chamber * Language of the case: English.