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Order of the Court (Fifth Chamber) of 30 September 2011. # Quinta do Portal SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Regulation (EC) No 207/2009 - Article 8(1)(b) - Community word mark PORTO ALEGRE - Earlier national word mark VISTA ALEGRE - Relative ground for refusal - Likelihood of confusion - Declaration of invalidity of the mark. # Case C-541/10 P.
ECLI:EU:C:2011:629
62010CO0541
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(Case C-541/10 P)
Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – Community word mark PORTO ALEGRE – Earlier national word mark VISTA ALEGRE – Relative ground for refusal – Likelihood of confusion – Declaration of invalidity of the mark
Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para; Rules of Procedure of the Court of Justice, Art. 112(1), first para. (c)) (see para. 41)
Re:
Appeal brought against the judgment of the General Court (Eighth Chamber) of 8 September 2010 in Case T-369/09 Quinta do Portal v OHIM – Vallegre, by which that court dismissed the action brought against the decision of the First Board of Appeal of OHIM of 18 June 2009 (Case R 1012/2008-1) relating to proceedings for a declaration of invalidity between Vallegre, Vinhos do Porto SA and Sociedade Quinta do Portal, SA.
Operative part
1.The appeal is dismissed.
2.Quinta do Portal, SA is ordered to pay the costs.