ECLI:EU:C:2016:478

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ORDER OF THE COURT (Sixth Chamber)

30 May 2016 ( *1 )

‛Rectification order’

In Case C‑452/15 P-REC,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 17 August 2015,

Best-Lock (Europe) Ltd, established in Colne (United Kingdom), represented by J. Becker, Rechtsanwalt,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

Legos Juris A/S, established in Billund (Denmark),

intervener at first instance,

THE COURT (Sixth Chamber),

composed of A. Arabadjiev, President of the Chamber, S. Rodin (Rapporteur) and E. Regan, Judges,

Advocate General: M. Wathelet,

Registrar: A. Calot Escobar,

makes the following

Order

1	On 14 April 2016, the Court (Sixth Chamber) made the order in Best-Lock (Europe) v EUIPO (C‑452/15 P, not published, EU:C:2016:270).

2	That order contains a clerical mistake which it is appropriate for the Court to rectify at the request of Lego Juris A/S pursuant to Article 154(1) of the Rules of Procedure of the Court, which applies to the procedure on appeal pursuant to Article 190(1) of those Rules.

On those grounds, the Court (Sixth Chamber) hereby orders:

Paragraph 3 of the order of 14 April 2016 in Best-Lock (Europe) v EUIPO (C‑452/15 P, not published, EU:C:2016:270) shall be rectified as follows:

‘The background to the dispute was set out in paragraphs 1 to 7 of the judgment under appeal as follows:

“1	On 18 April 2000, [Lego Juris] obtained registration of a Community trade mark with EUIPO, pursuant to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as amended [replaced by Regulation No 207/2009].

2	The mark in respect of which registration was obtained under No 50450 is the three-dimensional trade mark reproduced below:

The goods in respect of which registration was obtained are, inter alia, in Class 28 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended, and correspond to the following description: “Games and playthings; decorations for Christmas trees”.

On 17 October 2011, [Best-Lock] filed an application seeking a declaration of invalidity of the contested trade mark in respect of the goods referred to in paragraph 3 above on the basis of Article 52(1)(a) of Regulation No 207/2009, read in conjunction with Article 7(1)(e)(i) and (ii) of that regulation.

5	On 28 June 2013, the Cancellation Division rejected the application for a declaration of invalidity.

6	On 27 August 2013, [Best-Lock] filed a notice of appeal with EUIPO, pursuant to Articles 58 to 64 of Regulation No 207/2009, against the Cancellation Division’s decision.

7	By [the decision at issue], the Fourth Board of Appeal of EUIPO dismissed that appeal. …”’

2.	The original of this order shall be annexed to the original of the rectified order. A note of this order shall be made in the margin of the original of the rectified order.

[Signatures]

( *1 ) Language of the case: English.

Order of the President of the Sixth Chamber of the Court of 30 May 2016.#Best-Lock (Europe) Ltd v European Union Intellectual Property Office.#Rectification order.#Case C-452/15 P.

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