Дело C-400/14: Basic/СХВП, Определение от 16 юли 2015 г.

Текст

... y figurative mark — Word element ‘BASIC’ — Opposition by the proprietor of that mark — Partial refusal of registration — Concepts of ‘distribution services’ and ‘retail and wholesale services’ — Scope)

In Case C‑400/14 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 20 August 2014,

Basic AG Lebensmittelhandel, established in Munich (Germany), represented by D. Altenburg and T. Haug, Rechtsanwälte,

appellant,

the other parties to the proceedings being:

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,

defendant at first instance,

Repsol YPF SA, established in Madrid (Spain), represented by J.-B. Devaureix, abogado,

intervener at first instance,

THE COURT (Sixth Chamber),

composed of S. Rodin, President of the Chamber, A. Borg Barthet and F. Biltgen (Rapporteur), Judges,

Advocate General: M. Szpunar,

Registrar: A. Calot Escobar,

having regard to the written procedure,

having decided, after hearing the Advocate General, to give a ruling by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1. By its appeal, Basic AG Lebensmittelhandel (‘Basic’) seeks to have set aside the judgment of the General Court of the European Union in Basic v OHIM — Repsol YPF (basic) (T‑372/11, EU:T:2014:585) (‘the judgment under appeal’), by which that Court dismissed its action for annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade ...