Order of the Court (Ninth Chamber) of 25February 2016—
Steinbeck v OHIM
(Case C‑346/15 P)(1)
Appeal— Article181 of Rules of Procedure of the Court of Justice— Community word marks BE HAPPY— Declaration of invalidity— Regulation (EC) No207/2009— Article7(1)(b)— Absolute ground for refusal— No distinctive character
1.Appeal— Grounds— Lack of specific criticism of a point of the General Court’s reasoning— Failure to indicate the paragraphs of the judgment under appeal that are contested— Inadmissibility (Rules of Procedure of the Court of Justice, Art. 169(2)) (see paras 27-29)
2.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. 33)
Operative part
1. |
| The appeal is dismissed. |
2. |
| Steinbeck GmbH is ordered to pay the costs. |
1 – OJ 302, 14.9.2015.