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Document 62011CO0624
Order of the Court (Seventh Chamber) of 27 September 2012. # Brighton Collectibles, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulations (EC) No 40/94 and (EC) No 207/2009 - Article 8(4) - Community word mark BRIGHTON - Opposition proceedings - Interpretation of the provisions of national law on relative grounds for refusal of registration. # Case C-624/11 P.
Rješenje Suda (sedmo vijeće) od 2012. rujan 27.
Brighton Collectibles, Inc. protiv Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Predmet C-624/11 P.
Rješenje Suda (sedmo vijeće) od 2012. rujan 27.
Brighton Collectibles, Inc. protiv Office for Harmonisation in the Internal Market (Trade Marks and Designs).
Predmet C-624/11 P.
ECLI identifier: ECLI:EU:C:2012:598
Order of the Court (Seventh Chamber) of 27 September 2012 — Brighton Collectibles v OHIM
(Case C-624/11 P)
Appeal — Community trade mark — Regulations (EC) No 40/94 and (EC) No 207/2009 — Article 8(4) — Community word mark BRIGHTON — Opposition proceedings — Interpretation of the provisions of national law on relative grounds for refusal of registration
1. Appeal — Grounds — Mere repetition of the pleas and arguments raised before the General Court — Failure to identify the error of law relied on –Not addmissible (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 34, 35)
2. Appeal — Grounds — Review by the Court of the assessment made of the facts and evidence — 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.) (see paras 43-45)
3. Appeal — Grounds — Ground raised for the first time on appeal — Not admissible (Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 113(2)) (see para. 53)
Re:
| Appeal brought against the judgment of the General Court (Second Chamber) of 27 September 2011 in Case T-403/10 | Brighton Collectibles | v | OHIM | — | Felmar | , by which the General Court dismissed the action brought against the decision of the Fourth Board of Appeal of OHIM of 30 June 2010 (Case R 408/2009-4) concerning opposition proceedings between Brighton Collectibles, Inc. and Felmar — Article 8(4) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Community word mark BRIGHTON — Opposition proceedings based on earlier national word and figurative marks — Failure to give sufficient reasons with regard to the national laws relied upon |
Operative part
|
1. |
The appeal is dismissed. |
|
2. |
Brighton Collectibles, Inc. is ordered to pay the costs. |