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Document 62011CJ0088

Judgment of the Court (Seventh Chamber) of 10 November 2011.
LG Electronics, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal - Community trade mark - Word sign 'KOMPRESSOR PLUS' - Refusal to register - Regulation (EC) No 40/94 - Article 7(1)(c) - Descriptive character - Consideration of new evidence by the General Court - Distortion of the facts and evidence.
Case C-88/11 P.

European Court Reports 2011 -00000

ECLI identifier: ECLI:EU:C:2011:727





Judgment of the Court (Seventh Chamber) of 10 November 2011 – LG Electronics v OHIM

(Case C‑88/11 P)

Appeal – Community trade mark – Word sign ‘KOMPRESSOR PLUS’ – Refusal to register – Regulation (EC) No 40/94 – Article 7(1)(c) – Descriptive character – Consideration of new evidence by the General Court – Distortion of the facts and evidence

1.                     Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Scope – No obligation to prove matters of common knowledge – Issue before the General Court – Documents produced in order to substantiate the accuracy of a fact of common knowledge (Council Regulation No 40/94, Art. 74(1)) (see paras 26-30)

2.                     Appeals – 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 paras 36-37)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 16 December 2010 in Case T-497/09 LG Electronics v OHIM dismissing the appellant’s action against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1) concerning an application for registration of the word sign KOMPRESSOR PLUS as a Community trade mark – Descriptive nature of the mark – Article 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) – Consideration of new facts by the General Court – Distortion of the evidence.

Operative part

 

The Court:

1.

Dismisses the appeal;

2.

Orders LG Electronics Inc. to pay the costs.

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