Judgment of the Court (Seventh Chamber) of 10 November 2011.#LG Electronics, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Word sign 'KOMPRESSOR PLUS' - Refusal to register - Regulation (EC) No 40/94 - Article 7(1)(c) - Descriptive character - Consideration of new evidence by the General Court - Distortion of the facts and evidence.#Case C-88/11 P.

Subject of the case

Re:

Appeal against the judgment of the General Court (Second Chamber) of 16 December 2010 in Case T-497/09 LG Electronics v OHIM dismissing the appellant’s action against the decision of the First Board of Appeal of OHIM of 23 September 2009 (Case R 397/2009-1) concerning an application for registration of the word sign KOMPRESSOR PLUS as a Community trade mark – Descriptive nature of the mark – Article 7(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) – Consideration of new facts by the General Court – Distortion of the evidence.

Operative part

Operative part

The Court:

1. Dismisses the appeal;

2. Orders LG Electronics Inc. to pay the costs.