Order of the Court (Third Chamber) of 17January 2013 — Del Prete v Armani and OHIM
(Case C‑261/12 P)
Appeal — Community trade mark — Regulation (EC) No40/94 — Article8(1)(b) — Likelihood of confusion — Reputation — Figurative sign ‘AJ AMICI JUNIOR’ — Opposition by the holder of the earlier national figurative mark AJ ARMANI JEANS and of the earlier national word mark ARMANI JUNIOR
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) and (2) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 27)
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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No40/94, Art. 8(1)(b)) (see paras 36-38)
Re:
| Appeal brought against the judgment of the General Court (Second Chamber) of 27March 2012 in Case T‑420/10 | Armani | v | OHIM | , by which the General Court annulled the decision of the Second Board of Appeal of OHIM of 8July 2010 concerning opposition proceedings between Giorgio Armani SpA and Annunziata Del Prete (Case R 1360/2009 2) — Likelihood of confusion — Breach of Article8(1)(b) of Council Regulation (EC) No40/94 of 20December 1993 on the Community trade mark (OJ 1994 L11, p.1). |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Annunziata Del Prete is ordered to pay the costs. |