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Order of the Court (Fifth Chamber) of 20 January 2009. # Sebirán SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Figurative mark Coto D’Arcis - Opposition by the proprietor of word marks COTO DE IMAZ and EL COTO - Partial refusal to register. # Case C-210/08 P.
ECLI:EU:C:2009:22
62008CO0210
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(Case C‑210/08 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Figurative mark Coto D’Arcis – Opposition by the proprietor of word marks COTO DE IMAZ and EL COTO – Partial refusal to register
Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts put before the Court of First Instance – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 31)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 12 March 2008 in Case T‑332/04 Sebirán v OHIM and El Coto de Rioja, by which that Court dismissed the action brought by Sebirán for the annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 June 2004 (Case R 550/2003-2).
Operative part
The Court:
1.Dismisses the appeal;
2.Orders Sebirán SL to pay the costs.