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Judgment of the Court (Seventh Chamber) of 15 March 2007.#T.I.M.E. ART Uluslararasi Saat Ticareti ve dis Ticaret A.S. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Devinlec Développement Innovation Leclerc SA.#Case C-171/06 P.
ECLI:EU:C:2007:171
62006CJ0171
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(Case C‑171/06 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 − Article 8(1)(b) − Figurative mark − Opposition by the proprietor of an earlier national trade mark – Likelihood of confusion
3. Appeals – Pleas in law – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence – 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. 51)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber, Extended Composition) of 12 January 2005 in Case T-147/03 Devinlec Développement Innovation Leclerc v OHIM annulling, upon application by the proprietor of the national figurative mark QUANTIEME for goods in Classes 14 and 18, Decision R 109/2002-3 of the Third Board of Appeal of OHIM of 30 January 2003 which annulled the decision of the Opposition Division refusing registration of the figurative Community trade mark QUANTUM for goods in Class 14.
Operative part
The appeal is dismissed.