Source: EURLEX
Language: en
Format: md

**Order of the Court (Fifth Chamber) of 3 October 2012 —  
 Cooperativa Vitivinicola Arousana v OHIM  
  
(Case C-649/11 P)**

Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ROSALIA DE CASTRO – Opposition by the proprietor of the national word mark ROSALIA

1.                     *Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice 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. 39)*

2.                     *Appeals – Grounds – Plea directed against a superfluous ground – Invalid plea in law – Rejection (see para. 55)*

**Re:**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal brought against the judgment of the General Court (Third Chamber) of 5 October 2010 in Case T-421/10 | Cooperativa Vitivinícola Arousana | v | OHIM – Sotelo Ares | , by which the General Court rejected the action brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2010 (Case R 1804/2008-4) relating to opposition proceedings between María Constantina Sotelo Ares and Cooperativa Vitivinícola Arousana, S. Coop. Galega. |

**Operative part**

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

|  |  |  |
| --- | --- | --- |
| 2. |  | Cooperativa Vitivinícola Arousana, S. Coop. Galega is ordered to pay the costs. |

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