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Case C-586/15 P: Order of the Court (Seventh Chamber) of 7 September 2016 — Lotte Co. Ltd v European Union Intellectual Property Office (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala — Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA — Proof of genuine use of the mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 — Appeal in part manifestly inadmissible and in part manifestly unfounded)
ECLI:EU:UNKNOWN:62015CB0586
62015CB0586
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Official Journal of the European Union
C 454/12
(Case C-586/15 P) (*)
((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - EU trade mark - Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala - Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA - Proof of genuine use of the mark - Use of the mark in a form differing by elements not altering the distinctive character of the mark - Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 - Appeal in part manifestly inadmissible and in part manifestly unfounded))
(2016/C 454/24)
Language of the case: German
Parties
Appellant: Lotte Co. Ltd (represented by: M. Knitter, lawyer)
The other parties to the proceedings: Nestlé Unternehmungen Deutschland GmbH (represented by: A. Jaeger-Lenz, lawyer), European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Operative part of the judgment
The Court:
1)Dismisses the appeal;
2)Orders Lotte Co. Ltd to bear, in addition to its own costs, the costs incurred by Nestlé Unternehmungen Deutschland GmbH;
3)The European Union Intellectual Property Office (EUIPO) shall bear its own costs.
(*)
OJ C 59, 15.2.2016.