Judgment of the Court (Tenth Chamber) of 6 June 2018.Apcoa Parking Holdings GmbH v European Union Intellectual Property Office.Appeal — EU trade mark — Application for registration of the figurative and word marks PARKWAY — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c).Case C-32/17 P.

Judgment // 06/06/2018 // 1 min read
bookmark

Judgment of the Court (Tenth Chamber) of 6 June 2018 — Apcoa Parking Holdings v EUIPO

(Case C‑32/17 P) ( 1 )

(Appeal — EU trade mark — Application for registration of the figurative and word marks PARKWAY — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c))

  1. EU trade mark—Definition and acquisition of the EU trade mark—Assessment of the registrability of a sign—EU rules only taken into account—Earlier registration of the mark in certain Member States or third countries—Decisions not binding EU bodies

(Council Regulation No 207/2009)

(see paras 31, 32, 34, 59)

  1. Appeal—Grounds—Mistaken assessment of the facts—Inadmissibility—Review by the Court of Justice of the assessment of the facts put before the General Court—Possible only where the clear sense of the evidence has been distorted—Plea alleging distortion of the facts—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 47-49)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Apcoa Parking Holdings GmbH to pay the costs.

( 1 ) OJ C 151, 15.5.2017.

Trade marks