This document is an excerpt from the EUR-Lex website
Document 62011CO0307
Order of the Court (Fifth Chamber) of 26 April 2012. # Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Absolute ground for refusal - Lack of distinctive character - Figurative sign representing a chevron edged with dotted lines. # Case C-307/11 P.
Order of the Court (Fifth Chamber) of 26 April 2012.
Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Absolute ground for refusal - Lack of distinctive character - Figurative sign representing a chevron edged with dotted lines.
Case C-307/11 P.
Order of the Court (Fifth Chamber) of 26 April 2012.
Deichmann SE v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) - Absolute ground for refusal - Lack of distinctive character - Figurative sign representing a chevron edged with dotted lines.
Case C-307/11 P.
European Court Reports 2012 -00000
ECLI identifier: ECLI:EU:C:2012:254
Order of the Court (Fifth Chamber) of 26 April 2012 —
Deichmann v OHIM
(Case C-307/11 P)
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines
1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Overlapping ambits of the grounds set out in Article 7(1)(b) and (c) of Regulation No 40/94 (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 46-48)
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 para. 58)
3. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (see para. 65)
Re:
| Appeal brought against the judgment of the General Court (Seventh Chamber) of 13 April 2011 in Case T‑202/09 | Deichmann SE | v | OHIM | , by which that court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 3 April 2009 dismissing the appeal against the examiner’s decision, which refused registration of the figurative sign representing a chevron edged with dotted lines as a Community trade mark for certain goods in Classes 10 and 25 — Distinctive character of the mark. |
Operative part
|
1. |
The appeal is dismissed. |
|
2. |
Deichmann SE is ordered to pay the costs. |