Source: EURLEX
Language: en
Format: md

Order of the Court (Sixth Chamber) of 7 April 2016 —
Bopp v EUIPO

(Case C‑653/15 P)

‛Appeal — Article 181 of the Rules of Procedure — Community trade mark — Application for registration of a figurative sign representing an octagonal green frame as a Community trade mark — Absolute ground for refusal — Distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b)’

| 1. | 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 5, 6) |

| 2. | EU trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice — Principle of legality — Need for a strict and complete examination in each particular case (Council Regulation No 207/2009) (see paras 5, 6) |

Operative part

| 1. | The appeal is dismissed. |

| 2. | Mr Carsten Bopp is ordered to pay his own costs. |

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