Order of the Court (Seventh Chamber) of 14 February 2019 — Prada v EUIPO
(Case C‑510/18 P)
(Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark THE RICH PRADA — Partial rejection of the opposition)
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
(Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.)
(see paras 5, 6)
2. 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions — Link between the marks — Criteria for assessment
(Council Regulation No 207/2009, Art. 8(5))
(see para. 9)
Operative part
1. | | The appeal is dismissed. |
2. | | Prada SA shall bear its own costs. |