Order of the Court (Sixth Chamber) of 8 May 2014 — OHIM v Sanco

(Case C‑411/13 P)

‛Appeal — Community trade mark — Figurative mark representing a chicken — Opposition of the proprietor of a national figurative mark representing a chicken — Partial rejection of the opposition’

1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Assessment criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 39)

2. Appeals — 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 paras 55-57)

3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Complementary nature of the goods or services — Perception by the relevant public of the importance of a product or service for the use of another product or service (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 64, 65)

Re:

Appeal against the judgment of the General Court (First Chamber) of 14 May 2013 in Case T‑249/11 Sanco v OHIM — Marsalman (Representation of a chicken) by which the General Court annulled the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 February 2011 (Case R 1073/2010-2).

Operative part of the judgment:

1. The appeal is dismissed.

2. The Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) is ordered to pay the costs.

Order of the Court (Sixth Chamber) of 8 May 2014 — OHIM v Sanco

(Case C‑411/13 P)

‛Appeal — Community trade mark — Figurative mark representing a chicken — Opposition of the proprietor of a national figurative mark representing a chicken — Partial rejection of the opposition’

1. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Assessment criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 39)

2. Appeals — 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 paras 55-57)

3. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Similarity between the goods or services in question — Complementary nature of the goods or services — Perception by the relevant public of the importance of a product or service for the use of another product or service (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 64, 65)

Re:

Appeal against the judgment of the General Court (First Chamber) of 14 May 2013 in Case T‑249/11 Sanco v OHIM — Marsalman (Representation of a chicken) by which the General Court annulled the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 February 2011 (Case R 1073/2010-2).

Operative part of the judgment:

1. The appeal is dismissed.