CELEX: 62010CO0005(01)
Language: en
Date: 2011-05-16 00:00:00
Title: Order of the Court (Fifth Chamber) of 16 May 2011.#Giampietro Torresan v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Word mark CANNABIS - Invalidity proceedings - Absolute ground for refusal - Descriptive character - Regulation (EC) No 40/94 - Article 7(1)(c).#Case C-5/10 P.

Order of the Court (Fifth Chamber) of 16 May 2011 – Torresan v OHIM
      (Case C-5/10 P)
      Appeal – Community trade mark – Word mark CANNABIS – Invalidity proceedings – Absolute ground for refusal – Descriptive character – Regulation (EC) No 40/94 – Article 7(1)(c)
      1.                     Community trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Registration contrary to Article
            7(1)(c) of Regulation No 40/94 (Council Regulation No 40/94, Arts 7(1)(c) and 51(1)(a)) (see paras 45-50)
      2.                     Appeals – Grounds – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense
            of the evidence has been distorted (see paras 85-86)
      Re 
      
         Appeal against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Case T-234/06 
               Torresan
                v 
               OHIM
               , by which that court dismissed the action brought against the decision of the Second Board of Appeal of OHIM of 29 June 2006
                  (Case R 517/2005-2), relating to invalidity proceedings between Klosterbrauerei Weissenohe GmbH & Co. KG and Giampietro Torresan.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Mr Torresan is ordered to pay the costs.