Order of the Court (Eighth Chamber) of 8 February 2012 — Yorma’s v OHIM
(Case C‑191/11 P)
Appeal— Community trade mark— Regulation (EC) No 40/94— Article 8(1)(b)— Opposition proceedings— Application for Community figurative mark with the word element ‘yorma’s’— Earlier Community word mark NORMA— Relative ground for refusal— Likelihood of confusion
1.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.36)
2.Community trade mark— Definition and acquisition of the Community trade mark— Relative grounds for refusal— Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services— Likelihood of confusion with the earlier mark— Criteria for assessment (Council Regulation No 40/94, Art. 8(1)(b)) (see para.43)
Re:
| Appeal against the judgment of the General Court (First Chamber) of 15February 2011 in Case T‑213/09 | Yorma’s | v | OHIM | — | Norma Lebensmittelfilialbetrieb (YORMA’S) | dismissing the application for annulment of the decision of the First Board of Appeal of OHIM of 20February 2009 refusing registration of the figurative sign with the word element ‘yorma’s’ as a Community trade mark for certain services in Classes 35 and 42 and upholding the opposition brought by the proprietor of the earlier Community word mark ‘NORMA’— Likelihood of confusion of two marks— Incorrect assessment of the similarity of the marks and services concerned— Infringement of Article8(1)(b) of Regulation (EC) No40/94. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Yorma’s AG is ordered to pay the costs. |