1. 

Appeals — Grounds — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted — Review of the legal classification given to the facts of the dispute — Included (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 47, 56)

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 48-52, 57, 60, 114)

3. 

Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — No obligation to prove matters within common knowledge — Dispute before the General Court — Review by the Court of Justice of the assessment by the General Court of whether matters were within common knowledge — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Council Regulation No 207/2009, Art. 76) (see paras 65)

4. 

Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility — Arguments consisting of a mere amplification of a plea relied on in the application— Admissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 74, 75)

5. 

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 — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 102, 108)

6. 

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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 118)

1. 

The appeal is dismissed.

2. 

The Sunrider Corporation is ordered to pay the costs.

1. 

Appeals — Grounds — Review by the Court of Justice of the assessment of the facts put before the General Court — Possible only where the clear sense of the evidence has been distorted — Review of the legal classification given to the facts of the dispute — Included (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 47, 56)

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 48-52, 57, 60, 114)

3. 

Community trade mark — Procedural provisions — Examination of the facts of the Office’s own motion — Scope — No obligation to prove matters within common knowledge — Dispute before the General Court — Review by the Court of Justice of the assessment by the General Court of whether matters were within common knowledge — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Council Regulation No 207/2009, Art. 76) (see paras 65)

4. 

Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility — Arguments consisting of a mere amplification of a plea relied on in the application— Admissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 74, 75)

5. 

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 — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 102, 108)

6. 

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 between the goods or services in question — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 118)

1. 

The appeal is dismissed.

2. 

The Sunrider Corporation is ordered to pay the costs.