Source: EURLEX
Language: en
Format: md

**Order of the Court (Eighth Chamber) of 24 March 2011 – Muñoz Arraiza v OHIM**

**(Case C-388/10 P)**

Appeal – Community trade mark – Regulation (EC) No 40/94 – Articles 8(1)(b), 43(2) and 44(1) – Application for Community word mark RIOJAVINA – Opposition by the proprietor of the earlier Community collective figurative mark RIOJA – Refusal to register – Likelihood of confusion

1.                     *Appeals – Grounds – Mistaken assessment of the facts – 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. 225 EC; Statute of the Court of
Justice, Art. 58(1)) (see paras 31-32)*

2.                     *Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law
relied on not identified – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 51(1); Rules of Procedure of
the Court of Justice, Art. 112(1)(c)) (see para. 74)*

**Re:**

|  |  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- | --- |
| Appeal against the judgment of the General Court (Fifth Chamber) of 9 June 2010 in Case T‑138/09 | Muñoz Arraiza | v | OHIM | – | Consejo Regulador de la Denominación de Origen Calificada Rioja (RIOJAVINA) | , by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 29 January 2009 (Case R 721/2008-2) relating to opposition proceedings between the Consejo Regulador de la Denominación de Origen Calificada Rioja and Mr Félix Muñoz Arraiza. |

**Operative part**

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Mr Muñoz Arraiza is ordered to pay the costs. |

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