Order of the Court (Third Chamber) of 17 January 2013 — Del Prete v Armani and OHIM

(Case C-261/12 P)

‛Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Reputation — Figurative sign ‘AJ AMICI JUNIOR’ — Opposition by the holder of the earlier national figurative mark AJ ARMANI JEANS and of the earlier national word mark ARMANI JUNIOR’

1. 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) and (2) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 27)

2. 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 — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Criteria (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 36-38)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 27 March 2012 in Case T-420/10 Armani v OHIM, by which the General Court annulled the decision of the Second Board of Appeal of OHIM of 8 July 2010 concerning opposition proceedings between Giorgio Armani SpA and Annunziata Del Prete (Case R 1360/2009 2) — Likelihood of confusion — Breach of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

Operative part

1. The appeal is dismissed.

2. Annunziata Del Prete is ordered to pay the costs.

Order of the Court (Third Chamber) of 17 January 2013 — Del Prete v Armani and OHIM

(Case C-261/12 P)

‛Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Reputation — Figurative sign ‘AJ AMICI JUNIOR’ — Opposition by the holder of the earlier national figurative mark AJ ARMANI JEANS and of the earlier national word mark ARMANI JUNIOR’

1. 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) and (2) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 27)

2. 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 — Likelihood of confusion with the earlier mark — Assessment of the likelihood of confusion — Criteria (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 36-38)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 27 March 2012 in Case T-420/10 Armani v OHIM, by which the General Court annulled the decision of the Second Board of Appeal of OHIM of 8 July 2010 concerning opposition proceedings between Giorgio Armani SpA and Annunziata Del Prete (Case R 1360/2009 2) — Likelihood of confusion — Breach of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

Operative part

1. The appeal is dismissed.