Order of the Court (Tenth Chamber) of 21March 2013— Mizuno v OHIM
(Case C‑341/12 P)
Appeal— Article181 of the Rules of Procedure of the Court of Justice— Community trade mark— Figurative mark including the letter ‘G’ and the two symbols of gender— Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’— Refusal of registration by the Board of Appeal
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) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 26)
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— Similarity of the marks concerned— Criteria for assessment— Composite mark— Determination of the dominant component or components (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 33, 35)
Re:
| Appeal brought against the judgment delivered by the General Court (Fourth Chamber) on 8May 2012 in Case T‑101/11 | Mizuno | v | OHIM | — | GOLFINO (G) | , whereby the General Court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 15December 2010 (Case R 821/2010-1) relating to opposition proceedings between Mizuno KK and Golfino AG— Figurative sign comprising the letter ‘G’ and the two symbols of gender— Likelihood of confusion with a figurative mark comprising the letter ‘G’ and the symbol ‘+’— Breach of Article8(1)(b) of Council Regulation (EC) No207/2009 of 26February 2009 on the Community trade mark (OJ 2009 L78, p.1). |
Operative part:
1. |
| The appeal is dismissed. |
2. |
| Mizuno KK is ordered to pay the costs. |