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Document 62013CO0669
Mundipharma v OHIM
Mundipharma v OHIM
Order of the Court (Sixth Chamber) of 21 October 2014 — Mundipharma v OHIM
(Case C‑669/13 P) ( 1 )
‛Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of word mark Maxigesic — Opposition of the proprietor of the earlier word mark OXYGESIC — Refusal of registration’
1. |
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 28, 33) |
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 — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 44) |
Operative part
1. |
The appeal is dismissed. |
2. |
Mundipharma GmbH is ordered to pay the costs. |
( 1 ) OJ C 85, 22.3.2014
Order of the Court (Sixth Chamber) of 21 October 2014 — Mundipharma v OHIM
(Case C‑669/13 P) ( 1 )
‛Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of word mark Maxigesic — Opposition of the proprietor of the earlier word mark OXYGESIC — Refusal of registration’
1. |
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 28, 33) |
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 — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 44) |
Operative part
1. |
The appeal is dismissed. |
2. |
Mundipharma GmbH is ordered to pay the costs. |
( 1 ) OJ C 85, 22.3.2014