Order of the Court (Sixth Chamber) of 14January 2016—
Royal County of Berkshire Polo Club v OHIM
(Case C‑278/15P)
Appeal— Article181 of the Rules of Procedure of the Court of Justice— Community trade mark— Application for a Community figurative trade mark comprising the word elements ‘Royal County of Berkshire POLO CLUB’ and the representation of a polo player on a horse — Opposition of the proprietor of the earlier Community figurative marks comprising the word elements ‘BEVERLY HILLS POLO CLUB’— Regulation (EC) No207/2009— Article8(1)(b)— Likelihood of confusion— Partial refusal of registration— Appeal in part manifestly inadmissible and in part manifestly unfounded
1.Appeal— Grounds— Plea directed against a superfluous ground— Invalid plea in law— Rejection (Art.256 TFEU; Statute of the Court of Justice, Art.58, first para.) (see para.43)
2.Community trade mark— Definition and acquisition of the Community trade mark— Relative grounds for refusal— Separate examination of the grounds for refusal in relation to each of the goods or services covered by the application for registration— Obligation to state the reasons for refusing to register— Scope (Council Regulation No207/2009, Art.8(1)) (see para.44)
3.EU law— Principles— Fundamental rights— Right to fair legal process— Scope (Charter of fundamental rights of the European Union, Art.47) (see paras51, 52)
Operative part
1. |
| The appeal is dismissed. |
2. |
| Royal County of Berkshire Polo Club Ltd is order to pay the costs. |