Order of the Court (Sixth Chamber) of 21 March 2012 — Fidelio v OHIM (Case C-87/11 P)

Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) — Word mark Hallux — Refusal to register — Absolute ground for refusal — Appeal in part manifestly inadmissible and in part manifestly unfounded

1. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Separate consideration of the pleas in law having regard to every one of the products or services covered by the application for registration — Obligation to state the reasons for refusing to register — Extent (Council Regulation No 40/94, Arts 7(1)(c) and 73) (see para. 43)

2. Appeals — 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 para. 59)

Re:

Operative part

1.The appeal is dismissed.

2.Fidelio KG is ordered to pay the costs.