CELEX: 62009CO0448
Language: en
Date: 2010-06-30 00:00:00
Title: Order of the Court (Fifth Chamber) of 30 June 2010. # Royal Appliance International GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Earlier mark 'sensixx' - Word mark 'Centrixx' - Relative ground for refusal - Likelihood of confusion - Application for revocation of an earlier mark - Proceedings pending before the national courts - Request for a stay of the proceedings before the General Court. # Case C-448/09 P.

Order of the Court (Fifth Chamber) of 30 June 2010 – Royal Appliance International v OHIM
      (Case C‑448/09 P)
      Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Earlier mark ‘sensixx’ – Word mark ‘Centrixx’ – Relative ground for refusal – Likelihood of confusion – Application for revocation of an earlier mark – Proceedings pending before the national courts – Request for a stay of the proceedings before the General Court
      1.                     Community trade mark – Appeals procedure – Appeal before the Community judicature – Jurisdiction of the Court of First Instance
            – Review of the legality of decisions of the Boards of Appeal – Annulment or alteration for reasons appearing after the judgment
            was delivered – Excluded (Council Regulation No 40/94, Art. 63) (see paras 43-44)
      2.                     Appeals – 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) second para.,
            TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 77)
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (First Chamber) of 15 September 2009 in Case T-446/09 
               Royal Appliance International
                v 
               OHIM
                – 
               BSH Bosch und Siemens Hausgeräte
               , by which the Court of First Instance dismissed the action for annulment brought against the decision of the Fourth Board
                  of Appeal of OHIM of 3 October 2007, rejecting the registration of the word mark ‘Centrixx’ as a Community trade mark for
                  certain goods in Class 7, by granting the opposition by the proprietor of the national word mark ‘sensixx’ – Failure to stay
                  the proceedings while awaiting the resolution of the dispute pending before the national courts concerning the application
                  for revocation of the earlier mark – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion
                  between two marks.
               
            Operative part: 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Royal Appliance International GmbH is ordered to pay the costs.