Order of the Court (Fifth Chamber) of 3 October 2012 —
Cooperativa Vitivinicola Arousana v OHIM
(Case C-649/11 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ROSALIA DE CASTRO – Opposition by the proprietor of the national word mark ROSALIA
1. Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice 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. 39)
2. Appeals – Grounds – Plea directed against a superfluous ground – Invalid plea in law – Rejection (see para. 55)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) of 5 October 2010 in Case T-421/10 | Cooperativa Vitivinícola Arousana | v | OHIM – Sotelo Ares | , by which the General Court rejected the action brought against the decision of the Fourth Board of Appeal of OHIM of 19 July 2010 (Case R 1804/2008-4) relating to opposition proceedings between María Constantina Sotelo Ares and Cooperativa Vitivinícola Arousana, S. Coop. Galega. |
Operative part
1. |
The appeal is dismissed. |
2. |
Cooperativa Vitivinícola Arousana, S. Coop. Galega is ordered to pay the costs. |