Benelli QJ v OHMI – Demharter (Moto B): ECFI 2 Feb 2016

ECJ Judgment – Community trade mark – Opposition proceedings – Application for the Community figurative mark MOTO B – Earlier non-registered national figurative marks MOTOBI – Relative ground for refusal – Evidence that the earlier non-registered marks are well known – Article 8(2)(c) of Regulation (EC) No 207/2009 – Article 6bis of the Paris Convention – Evidence submitted in support of the opposition after the expiry of the period set for that purpose – Failure to take account thereof – Discretion of the Board of Appeal – Provision to the contrary – Circumstances precluding additional or supplementary evidence from being taken into account – Article 76(2) of Regulation No 207/2009 – Rules 19 and 20 of Regulation (EC) No 2868/95 – Rule 50(1), third subparagraph, of Regulation No 2868/95 – First sentence of Article 75 of Regulation No 207/2009 – Obligation to state reasons

T-169/13, [2016] EUECJ T-169/13
Bailii

European, Intellectual Property

Updated: 10 January 2022; Ref: scu.559496