Judgment of the General Court (Seventh Chamber) of 16 December 2011.

Data

Court: General Court

Case date: 16 december 2011

Uitspraak

Judgment of the General Court (Seventh Chamber) of 16 December 2011 – Rintisch v OHIM – Bariatrix Europe (PROTI SNACK)

(Case T-62/09)

Community trade mark – Opposition proceedings – Application for Community word mark PROTI SNACK – Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER – Late submission of documents – Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009) – Concept of a provision to the contrary – Rule 20(1) of Regulation (EC) No 2868/95 – Rule 50(1) of Regulation No 2868/95

Community trade mark – Appeals procedure – Appeal brought against a decision of the Opposition Division of the Office – Examination by Board of Appeal – Scope – Evidence not submitted in support of the opposition within the prescribed time-limit – Account taken – Discretion of the Board of Appeal (Council Regulation No 40/94, Art. 74(2); Commission Regulation No 2868/95, Arts 20(1) and 50(1)) (see paras 30-32, 36-41)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 December 2008 (Case R 740/2008-4) relating to opposition proceedings between Bernhard Rintisch and Bariatrix Europe Inc. SAS.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Mr Bernhard Rintisch to pay the costs.