Source: EURLEX
Language: en
Format: md

**Order of the Court (Fifth Chamber) of 27 October 2010 – REWE-Zentral v OHIM**

**(Case C-22/10 P)**

Appeal – Community trade mark – Opposition proceedings – Application for the Community word mark Clina – Earlier Community word mark CLINAIR – Refusal of registration – Relative ground for refusal – Examination of the likelihood of confusion – Regulation (EC) No 40/94 – Article 8(1)(b)

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) TFEU; Statute
of the Court of Justice, Art. 58, first para.) (see para. 32)*

2.                     *Appeals – Grounds – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice,
Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see para. 36)*

**Re:**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 in Case T-150/08 | REWE-Zentral | v | OHIM | , by which that court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 refusing the registration of the word sign ‘Clina’ as a Community trade mark for certain goods in Classes 3 and 21 by upholding the opposition brought by the proprietor of the earlier Community word mark ‘CLINAIR’ – Likelihood of confusion of two marks – Failure to carry out a global assessment of the relevant factors in examining the likelihood of confusion – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94. |

**Operative part**

|  |  |  |
| --- | --- | --- |
| 1. |  | The appeal is dismissed. |

|  |  |  |
| --- | --- | --- |
| 2. |  | REWE-Zentral AG is ordered to pay the costs. |

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