Source: EURLEX
Language: en
Format: md

Order of the Court (Seventh Chamber) of 14 April 2016 —

KS Sports v EUIPO

(Case C‑480/15 P)

‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Regulation (EC) No 207/2009 — Application for registration of the word mark ALEX — Opposition by the proprietor of the national word marks ALEX and the national figurative mark containing the word element ‘ALEX’ — Rejection of the opposition — Article 75 — Right to be heard — Obligation to state reasons — Article 8(1)(b) — Likelihood of confusion — Similarity between products’

| 1. | Appeal — Grounds — Challenge to the contested decision before the General Court and not the judgment it delivered — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 31) |

| 2. | EU trade mark — Procedural provisions — Statement of reasons for decisions — Article 75, first sentence, of Regulation No 207/2009 — Scope identical to that of Article 296 TFEU (Art. 296 TFEU; Council Regulation No 207/2009, Art. 75, first sentence) (see para. 32) |

| 3. | EU trade mark — Decisions of the Office — Legality — OHIM’s previous decision-making practice (see paras 36, 37) |

| 4. | Appeal — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.) (see para. 41) |

| 5. | 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 between the goods or services in question — Criteria for assessment (Council Regulation No207/2009, Art. 8(1)(b)) (see para. 69) |

| 6. | 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 (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 73, 75) |

Operative part

| 1. | The appeal is dismissed. |

| 2. | KS Sports IPCo GmbH is ordered to pay its own costs. |

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