Order of the Court (Tenth Chamber) of 28January 2016—
Harper Hygienics v OHIM
(Case C‑374/15P)
Appeal— Article181 of the Rules of Procedure of the Court of Justice— Community trade mark— Regulation (EC) No207/2009— Article8(1)(b) and (5)— Figurative mark comprising the word elements CLEANIC natural beauty— Application for registration — Earlier Community work marks CLINIQUE— Relative grounds for refusal— Likelihood of confusion
1.Appeal— 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.32)
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 (Council Regulation No207/2009, Art.8(1)(b)) (see paras52, 53)
3.Appeal— Grounds— Plea directed against a superfluous ground— Invalid plea in law— Rejection (see para.59)
4.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— Criteria for assessment (Council Regulation No207/2009, Art.8(1)(b)) (see para.70)
Operative part
1. |
| The appeal is dismissed. |
2. |
| Harper Hygienics SA is ordered to pay the costs. |