Court of Justice of the European Communities (including Court of First Instance Decisions)

Order of the Court (Fifth Chamber) of 16 September 2010 - Dominio de la Vega v OHIM

(Case C-459/09 P)

Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community figurative mark DOMINIO DE LA VEGA - Earlier Community figurative mark PALACIO DE LA VEGA - Existence of a likelihood of confusion in part of the territory of the European Union - Assessment of the similarity between the marks - Dominant element

1.                     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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 31-32, 51, 64-65)

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 - Earlier mark consisting of a Community trade mark - Refusal of registration where there is an absolute ground for refusal even if it obtains in only part of the Community (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 30)

3.                     Appeals - Grounds - Mistaken assessment of the facts - 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), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 44)

Re:

Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 16 September 2009 in Case T-458/07

Dominio de la Vega

v

OHIM

dismissing the action brought against the decision of the Second Board of Appeal of OHIM of 3 October 2007 (Case R 1431/2006-2) relating to opposition proceedings between Ambrosio Velasco, SA and Dominio de la Vega, SL.

Operative part

1.

The appeal is dismissed.

2.

Dominio de la Vega, SL is ordered to pay the costs.