Order of the Court (Tenth Chamber) of 11 April 2013 — Asa v OHIM

(Case C-354/12 P)

‛Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal’

Appeals — Grounds — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted — Review of the legal classification given to the facts of the case — Included (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 28, 29)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 25 May 2012 in Case T-110/11 Asa v OHIM — Merck (FEMIFERAL), by which the General Court dismissed as unfounded the action brought by Asa sp. z o.o., applicant for the word mark ‘FEMIFERAL’, seeking the annulment of Decision R 0182/2010-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM), of 19 November 2010, annulling the decision of the Opposition Division, which rejected the opposition brought by the proprietor of the national word mark ‘Feminatal’ and of the national figurative mark containing the verbal element ‘feminatal’ for goods classified in Class 5 — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).

Operative part

1. The appeal is dismissed.

2. Asa sp. z o.o. is ordered to pay the costs.

Order of the Court (Tenth Chamber) of 11 April 2013 — Asa v OHIM

(Case C-354/12 P)

‛Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal’

Appeals — Grounds — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted — Review of the legal classification given to the facts of the case — Included (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 28, 29)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 25 May 2012 in Case T-110/11 Asa v OHIM — Merck (FEMIFERAL), by which the General Court dismissed as unfounded the action brought by Asa sp. z o.o., applicant for the word mark ‘FEMIFERAL’, seeking the annulment of Decision R 0182/2010-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM), of 19 November 2010, annulling the decision of the Opposition Division, which rejected the opposition brought by the proprietor of the national word mark ‘Feminatal’ and of the national figurative mark containing the verbal element ‘feminatal’ for goods classified in Class 5 — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).

Operative part

1. The appeal is dismissed.