Order of the Court (Fifth Chamber) of 3 October 2012 — Cooperativa Vitivinicola Arousana v OHIM(Case C-649/11 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ROSALIA DE CASTRO – Opposition by the proprietor of the national word mark ROSALIA
1.                     Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice 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. 39)
2.                     Appeals – Grounds – Plea directed against a superfluous ground – Invalid plea in law – Rejection (see para. 55)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) of 5 October 2010 in Case T-421/10
Cooperativa Vitivinícola Arousana
v
OHIM – Sotelo Ares
, by which the General Court rejected the action brought against the decision of the Fourth Board of Appeal of OHIM of 19 July
2010 (Case R 1804/2008-4) relating to opposition proceedings between María Constantina Sotelo Ares and Cooperativa Vitivinícola
Arousana, S. Coop. Galega.
Operative part
1.
The appeal is dismissed.
2.
Cooperativa Vitivinícola Arousana, S. Coop. Galega is ordered to pay the costs.