Judgment of the Court (Ninth Chamber) of 5 October 2017.Wolf Oil Corp. v European Union Intellectual Property Office.Appeal — EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHEMPIOIL — Earlier figurative mark CHAMPION — Opposition dismissed.Case C-437/16 P.

Judgment // 05/10/2017 // 2 min read
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Judgment of the Court (Ninth Chamber) of 5 October 2017 —Wolf Oil v EUIPO

(Case C‑437/16 P) ( 1 )

(Appeal — EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHEMPIOIL — Earlier figurative mark CHAMPION — Opposition dismissed)

  1. Appeal—Grounds—Incorrect assessment of the facts and evidence—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—Ground of appeal alleging distortion of the clear sense of the evidence—Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion

(Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d))

(see paras 24, 25)

  1. Appeal—Grounds—Inadequate statement of reasons—Reliance by the General Court on implied reasoning—Lawfulness—Conditions

(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)

(see para. 30)

  1. EU trade mark—Definition and acquisition of the EU trade mark—Relative grounds for refusal—Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services—Likelihood of confusion with the earlier mark—Similarity of the marks concerned—Whether conceptual differences may neutralise visual or aural similarities—Conditions

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 43, 44)

  1. Judicial proceedings—Introduction of new pleas during the proceedings—Inadmissibility

(Rules of Procedure of the General Court, Art. 84(1))

(see para. 61)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Wolf Oil Corp. to pay the costs.

( 1 ) OJ C 428, 21.11.2016.

Trade marks