CELEX: 62015CB0586
Language: en
Date: 2016-09-07 00:00:00
Title: Case C-586/15 P: Order of the Court (Seventh Chamber) of 7 September 2016 — Lotte Co. Ltd v European Union Intellectual Property Office (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala — Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA — Proof of genuine use of the mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 — Appeal in part manifestly inadmissible and in part manifestly unfounded)

5.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 454/12
            
         
      Order of the Court (Seventh Chamber) of 7 September 2016 — Lotte Co. Ltd v European Union Intellectual Property Office
      (Case C-586/15 P) (1)
      
      ((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala - Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA - Proof of genuine use of the mark - Use of the mark in a form differing by elements not altering the distinctive character of the mark - Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 - Appeal in part manifestly inadmissible and in part manifestly unfounded))
      (2016/C 454/24)
      Language of the case: German
      
         Parties
      
      
         Appellant: Lotte Co. Ltd (represented by: M. Knitter, lawyer)
      
         The other parties to the proceedings: Nestlé Unternehmungen Deutschland GmbH (represented by: A. Jaeger-Lenz, lawyer), European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
      
         Operative part of the judgment
      
      The Court:
      
                  1)
               
               
                  Dismisses the appeal;
               
            
                  2)
               
               
                  Orders Lotte Co. Ltd to bear, in addition to its own costs, the costs incurred by Nestlé Unternehmungen Deutschland GmbH;
               
            
                  3)
               
               
                  The European Union Intellectual Property Office (EUIPO) shall bear its own costs.
               
            
         (1)  OJ C 59, 15.2.2016.