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. |