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Court of Justice of the European Communities (including Court of First Instance Decisions) |
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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: [2010] EUECJ C-459/9, EU:C:2010:533, ECLI:EU:C:2010:533, [2010] EUECJ C-459/09 |
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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. |
