ECJ finds OHIM has discretion to consider late evidence in revocation proceedings | Practical Law

ECJ finds OHIM has discretion to consider late evidence in revocation proceedings | Practical Law

The ECJ has considered whether OHIM has discretion, under Article 76(2) of the Community Trade Mark (CTM) Regulation (40/94/EEC, now replaced by 207/2009/EC), to take into account documents presented before the OHIM Board of Appeal in a revocation action. (Centrotherm Systemtechnik GmbH v OHIM and Centrotherm Clean Solutions GmbH & Co KG, Cases C‑609/11 P and C‑610/11 P, 26 September 2013.)

ECJ finds OHIM has discretion to consider late evidence in revocation proceedings

Practical Law UK Legal Update Case Report 3-543-3346 (Approx. 6 pages)

ECJ finds OHIM has discretion to consider late evidence in revocation proceedings

by Practical Law IP&IT
Published on 26 Sep 2013 • European Union
The ECJ has considered whether OHIM has discretion, under Article 76(2) of the Community Trade Mark (CTM) Regulation (40/94/EEC, now replaced by 207/2009/EC), to take into account documents presented before the OHIM Board of Appeal in a revocation action. (Centrotherm Systemtechnik GmbH v OHIM and Centrotherm Clean Solutions GmbH & Co KG, Cases C‑609/11 P and C‑610/11 P, 26 September 2013.)