BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Court of Justice of the European Communities (including Court of First Instance Decisions) |
||
|
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Dominio de la Vega v OHIM [2010] EUECJ C-459/09 (16 September 2010) URL: http://www.bailii.org/eu/cases/EUECJ/2010/C45909.html Cite as: EU:C:2010:533, ECLI:EU:C:2010:533, [2010] EUECJ C-459/9, [2010] EUECJ C-459/09 |
||
[New search] [Help]
Order of the Court (Fifth Chamber) of 16 September 2010 - Dominio de la Vega v OHIM
(Case C-459/09 P)
Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community figurative mark DOMINIO DE LA VEGA - Earlier Community figurative mark PALACIO DE LA VEGA - Existence of a likelihood of confusion in part of the territory of the European Union - Assessment of the similarity between the marks - Dominant element
1. 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 31-32, 51, 64-65)
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 - Earlier mark consisting of a Community trade mark - Refusal of registration where there is an absolute ground for refusal even if it obtains in only part of the Community (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 30)
3. Appeals - Grounds - Mistaken assessment of the facts - 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), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 44)
Re:
| Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 in Case T-458/07 | Dominio de la Vega | v | OHIM | dismissing the action brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL. |
Operative part
1. | The appeal is dismissed. |
2. | Dominio de la Vega, SL is ordered to pay the costs. |
