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Document 62015CO0033
Order of the Court (Ninth Chamber) of 15 October 2015.
Cantina Broglie 1 Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Word mark ZENATO RIPASSA — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b).
Case C-33/15 P.
Order of the Court (Ninth Chamber) of 15 October 2015.
Cantina Broglie 1 Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Word mark ZENATO RIPASSA — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b).
Case C-33/15 P.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Ninth Chamber) of 15 October 2015 —
Cantina Broglie 1 v OHIM
(Case C‑33/15 P)
‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Word mark ZENATO RIPASSA — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b)’
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1. |
Appeal — Pleas in Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see para. 35) |
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2. |
Appeal — 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 51, 52) |
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3. |
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. 58) |
Operative part
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1. |
The appeal is dismissed. |
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2. |
Cantina Broglie 1 Srl is ordered to pay the costs. |