Source: EURLEX
Language: en
Format: md

Order of the Court (Seventh Chamber) of 7 June 2018 — Cotécnica v EUIPO

(Case C‑73/18 P)

(Appeal — Article 181 of the Rules of Procedure of the General Court — Regulation (EC) No 207/2009 — EU trade mark — Application for registration of the figurative mark containing the word elements ‘cotecnica’ and ‘optima’ — Grounds for refusing enforcement — Article 8(1)(b) — Dominant character of an element of a complex mark which is weakly distinctive and laudatory — Likelihood of confusion)

| 1. | Appeal—Grounds—Grounds which are manifestly inadmissible or manifestly unfounded—Dismissal at any point, by reasoned order, without an oral procedure  (Rules of Procedure of the General Court, Art. 181)  (see para. 3) |

| 2. | EU trade mark—Definition and acquisition of the EU 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 of the marks concerned—Criteria for assessment—Composite mark  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 5, 6) |

| 3. | Appeal—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—Ground of appeal alleging distortion of the clear sense of the evidence—Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion  (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)  (see paras 5, 6) |

| 4. | EU trade mark—Definition and acquisition of the EU 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—Weak distinctive character of the earlier mark—Effect  (Council Regulation No 207/2009, Art. 8(1)(b))  (see paras 5, 6) |

| 5. | Appeal—Grounds—Plea directed against a superfluous ground—Invalid plea in law—Rejection  (see paras 5, 6) |

Operative part

| 1. | The appeal is dismissed as being manifestly unfounded. |

| 2. | Cotécnica SCCL shall bear its own costs. |

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