CELEX: 62011CJ0088
Language: en
Date: 2011-11-10
Title: Judgment of the Court (Seventh Chamber) of 10 November 2011.#LG Electronics, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Word sign 'KOMPRESSOR PLUS' - Refusal to register - Regulation (EC) No 40/94 - Article 7(1)(c) - Descriptive character - Consideration of new evidence by the General Court - Distortion of the facts and evidence.#Case C-88/11 P.

Judgment of the Court (Seventh Chamber) of 10 November 2011 – LG Electronics v OHIM
      (Case C‑88/11 P)
      Appeal – Community trade mark – Word sign ‘KOMPRESSOR PLUS’ – Refusal to register – Regulation (EC) No 40/94 – Article 7(1)(c) – Descriptive character – Consideration of new evidence by the General Court – Distortion of the facts and evidence
      1.                     Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope – No obligation
            to prove matters of common knowledge – Issue before the General Court – Documents produced in order to substantiate the accuracy
            of a fact of common knowledge (Council Regulation No 40/94, Art. 74(1)) (see paras 26-30)
      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) TFEU; Statute
            of the Court of Justice, Art. 58, first para.) (see paras 36-37)
      Re: 
      
         Appeal against the judgment of the General Court (Second Chamber) of 16 December 2010 in Case T-497/09 
               LG Electronics
                v 
               OHIM
                dismissing the appellant’s action against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R
                  397/2009-1) concerning an application for registration of the word sign KOMPRESSOR PLUS as a Community trade mark – Descriptive
                  nature of the mark – Article 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
                  (OJ 2009 L 78, p. 1) – Consideration of new facts by the General Court – Distortion of the evidence.
               
            Operative part
      
         
                   
               
               
                  
               
               
                  	The Court:
               
            
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders LG Electronics Inc. to pay the costs.