Judgment of the General Court (Seventh Chamber) of 16 December 2011 – Rintisch v OHIM – Valfleuri Pâtes alimentaires (PROTIACTIVE)
(Case T-152/09)
Community trade mark – Opposition proceedings – Application for Community word mark PROTIACTIVE – 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 31-33, 37-42)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 3 February 2009 (Case R 1661/2007-4) relating to opposition proceedings between Bernhard Rintisch and Valfleuri Pâtes alimentaires SA.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mr Bernhard Rintisch to pay the costs.
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