Order of the Court (Sixth Chamber) of 30January 2014— Fercal v OHIM
(Case C‑324/13 P)
Appeal— Community trade mark— Word mark PATRICIA ROCHA— Opposition by the proprietor of the national word mark ROCHAS— Refusal to register by the Opposition Division of OHIM— Inadmissibility of the action brought before the Board of Appeal of OHIM
1.Appeals— Grounds— Mere repetition of the pleas and arguments put forward before the General Court— Inadmissibility— Challenge to the interpretation or application of EU law by the General Court— Admissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58) (cf. point39)
2.Community trade mark— Appeals procedure— Form of appeal and period within which it must be brought— Pleading setting out the grounds lodged within the period prescribed— Condition of admissibility (Council Regulation No40/94, Art. 59; Commission Regulation No2868/95, Art. 1, Rules 62(3) and 70(2) and (4)) (see paras 42-48)
Re:
| Appeal against the judgment of the General Court (Fifth Chamber) of 10April 2013 in Case T‑360/11 Fercal— Consultadoria e Serviços v OHIM— Parfums Rochas (PATRIZIA ROCHA) by which the General Court dismissed an action against the decision of the Second Board of Appeal of OHIM of 8April 2011 (Case R 2355/2010-2), relating to opposition proceedings between Parfums Rochas SAS and Fercal— Consultadoria e Serviços, Lda. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Fercal— Consultadoria e Serviços, Lda. is ordered to pay the costs. |