CELEX: 62005CO0324
Language: en
Date: 2006-06-01 00:00:00
Title: Order of the Court (Fourth Chamber) of 1 June 2006. # Plus Warenhandelsgesellschaft mbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Likelihood of confusion - Application for mixed word and figurative mark containing the verbal element 'Turkish Power' - Opposition by the holder of the earlier word mark POWER - Rejection of the opposition - Appeal manifestly inadmissible or manifestly unfounded. # Case C-324/05 P.

Order of the Court (Fourth Chamber) of 1 June 2006 – Plus Warenhandelsgesellschaft v OHIM
      (Case C-324/05 P)
      Appeal – Community trade mark – Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion – Application for mixed word and figurative mark containing the word element ‘Turkish Power’ – Opposition by the proprietor of the earlier word mark POWER – Rejection of the opposition – Appeal manifestly inadmissible or manifestly unfounded)
      1.                     Appeal – Grounds – Incorrect assessment of the facts – Whether admissible – Review by the Court of Justice of the assessment
            of the facts before the Court of First Instance – Excluded except in the case of distortion of the facts (Art. 225 EC; Statute
            of the Court of Justice, Art. 58) (see paras 28-29)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
            by the proprietor of an identical or similar earlier mark registered for identical or similar goods or services (Council Regulation
            No 40/94, Art. 8(1)(b)) (see para. 43)
      Re:
      
         APPEAL brought against the judgment of the Court of First Instance (Fourth Chamber) of 22 June 2005 in Case T-34/04 
               Plus Warenhandelsgesellschaft mbH 
               v 
               OHIM
               , by which the Court of First Instance rejected the application for the annulment of the decision of the Second Board of Appeal
                  of OHIM rejecting the appeal brought by the appellant, proprietor of the trade mark ‘POWER’, against the decision of the Opposition
                  Division rejecting the opposition filed against the application for registration of the figurative mark ‘TURKISH POWER’ –
                  Likelihood of confusion between trade marks
               
            Operative part:
      The Court : 
      
         
                  1.
               
               
                  
               
               
                  Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  Orders Plus Warenhandelsgesellschaft mbH to pay the costs.