Order of the Court (Fifth Chamber) of 26 April 2012—Deichmann v OHIM(Case C-307/11

Order of the Court (Fifth Chamber) of 26 April 2012—
Deichmann v OHIM

(Case C-307/11 P)

Appeal— Community trade mark— Regulation (EC) No 40/94— Article 7(1)(b)— Absolute ground for refusal— Lack of distinctive character— Figurative sign representing a chevron edged with dotted lines

1.Community trade mark— Definition and acquisition of the Community trade mark— Absolute grounds for refusal— Overlapping ambits of the grounds set out in Article7(1)(b) and (c) of Regulation No 40/94 (Council Regulation No 40/94, Art.7(1)(b) and (c)) (see paras 46-48)

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 para. 58)

3.Appeals— Grounds— Plea submitted for the first time in the context of the appeal— Inadmissibility (see para. 65)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 13April2011 in Case T‑202/09

Deichmann SE

v

OHIM

, by which that court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 3April 2009 dismissing the appeal against the examiner’s decision, which refused registration of the figurative sign representing a chevron edged with dotted lines as a Community trade mark for certain goods in Classes 10 and 25— Distinctive character of the mark.

Operative part

1.

The appeal is dismissed.

2.

Deichmann SE is ordered to pay the costs.