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Order of the Court (Fifth Chamber) of 16 September 2010. # Dominio de la Vega, 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) - 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 . # Case C-459/09 P.
ECLI:EU:C:2010:533
62009CO0459
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(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
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.