Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

Operative part

The Court:

1. Dismisses the appeal;

2. Orders LG Electronics Inc. to pay the costs.