Order of the Court (Seventh Chamber) of 12 June 2014 — Bimbo v OHIM

(Case C‑285/13 P)

‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8 — Application for Community figurative mark Caffè KIMBO — Opposition proceedings — Earlier national word mark BIMBO — Well-known mark — Partial rejection of the opposition — Appeal manifestly inadmissible’

1. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (see para. 16)

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 para. 23)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 20 March 2013 in Case T‑277/12 Bimbo v OHIM — Café do Brasil (Caffè KIMBO), by which the General Court dismissed an action brought by the proprietor of the national word marks ‘BIMBO’ for goods in Class 30 seeking the annulment of Decision R 1017/2011-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 May 2012, which annulled in part the decision of the Opposition Division refusing in part the application for registration of the figurative mark coloured in black, red, gold and white, containing the word elements ‘Caffè KIMBO’, for goods in Class 30, in the context of opposition proceedings brought by the applicant.

Operative part

1. The appeal is dismissed.

2. Bimbo SA is ordered to pay the costs.

Order of the Court (Seventh Chamber) of 12 June 2014 — Bimbo v OHIM

(Case C‑285/13 P)

‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8 — Application for Community figurative mark Caffè KIMBO — Opposition proceedings — Earlier national word mark BIMBO — Well-known mark — Partial rejection of the opposition — Appeal manifestly inadmissible’

1. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (see para. 16)

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 para. 23)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 20 March 2013 in Case T‑277/12 Bimbo v OHIM — Café do Brasil (Caffè KIMBO), by which the General Court dismissed an action brought by the proprietor of the national word marks ‘BIMBO’ for goods in Class 30 seeking the annulment of Decision R 1017/2011-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 May 2012, which annulled in part the decision of the Opposition Division refusing in part the application for registration of the figurative mark coloured in black, red, gold and white, containing the word elements ‘Caffè KIMBO’, for goods in Class 30, in the context of opposition proceedings brought by the applicant.

Operative part

1. The appeal is dismissed.