Order of the Court (Seventh Chamber) of 9 March 2007 – Alecansan v OHIM
(Case C‑196/06 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 − Article 8(1)(b) − Application for registration of a figurative mark – Opposition of the proprietor of an earlier national figurative mark – Likelihood of confusion − None – No similarity between the goods and services covered by the conflicting trade marks
1.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. 28, 37)
2.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 31)
Re:
| Appeal against the judgment of the Court of First Instance (First Chamber) of 7February 2006 in Case T-202/03 | Alecansan | v | OHIM | by which the Court of First Instance dismissed an action brought by the proprietor of the national figurative mark ‘COMP USA’ in respect of goods in Class 39 for annulment of Decision R 711/2002-1 of the First Board of Appeal of OHIM of 24 March 2003 dismissing the appeal against the decision of the Opposition Division rejecting the opposition lodged against the application for registration of the figurative Community trade mark ‘COMP USA’ in respect of goods in Classes 9 and 37 – Similarity between the marks – Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p.1). |
Operative part:
1. |
| The appeal is dismissed. |
2. |
| Alecansan SL is ordered to pay the costs. |