Order of the Court (Sixth Chamber) of 19 June 2014 – Cartoon Network v OHIM

(Case C‑670/13 P)

‛Appeal — Community trade mark — Application for Community word mark BOOMERANG — Earlier Community figurative mark Boomerang TV — Relative ground for refusal — Likelihood of confusion’

1. Community trade mark — Procedural provisions — Statement of reasons for decisions (Council Regulation No 207/2009, Art. 75) (see para. 27)

2. Appeals — 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 (Art. 256 TFEU; Rules of Procedure of the Court of Justice, Art. 169(2)) (see paras 43-45)

3. Appeals — Grounds — Challenge to the contested decision before the General Court and not to the judgment delivered by that court — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 51)

4. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58) (see para. 53)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 2 October 2013 in Case T‑285/12 Cartoon Network v OHIM, by which that court dismissed an action brought by the applicant for the word mark ‘BOOMERANG’, for services in Classes 38 and 41, seeking the annulment of Decision R 699/2011-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 2 April 2012 dismissing the action brought against the decision of the Opposition Division which rejected the registration of that mark in the context of the opposition brought by the proprietor of the Community figurative mark comprising the word elements ‘Boomerang TV’ for services in Class 41 — Likelihood of confusion — Evaluation of the likelihood of confusion — Determination of the relevant public — Lack of grounds.

Operative

1. The appeal is dismissed;

2. The Cartoon Network Inc. is ordered to pay the costs.

Order of the Court (Sixth Chamber) of 19 June 2014 – Cartoon Network v OHIM

(Case C‑670/13 P)

‛Appeal — Community trade mark — Application for Community word mark BOOMERANG — Earlier Community figurative mark Boomerang TV — Relative ground for refusal — Likelihood of confusion’

1. Community trade mark — Procedural provisions — Statement of reasons for decisions (Council Regulation No 207/2009, Art. 75) (see para. 27)

2. Appeals — 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 (Art. 256 TFEU; Rules of Procedure of the Court of Justice, Art. 169(2)) (see paras 43-45)

3. Appeals — Grounds — Challenge to the contested decision before the General Court and not to the judgment delivered by that court — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 51)

4. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58) (see para. 53)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 2 October 2013 in Case T‑285/12 Cartoon Network v OHIM, by which that court dismissed an action brought by the applicant for the word mark ‘BOOMERANG’, for services in Classes 38 and 41, seeking the annulment of Decision R 699/2011-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 2 April 2012 dismissing the action brought against the decision of the Opposition Division which rejected the registration of that mark in the context of the opposition brought by the proprietor of the Community figurative mark comprising the word elements ‘Boomerang TV’ for services in Class 41 — Likelihood of confusion — Evaluation of the likelihood of confusion — Determination of the relevant public — Lack of grounds.

Operative

1. The appeal is dismissed;