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Case C-597/14 P: Judgment of the Court (First Chamber) of 21 July 2016 — European Union Intellectual Property Office v Xavier Grau Ferrer, Juan Cándido Rubio Ferrer, Alberto Rubio Ferrer (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 76(2) — Regulation (EC) No 2868/95 — Rule 50(1), third subparagraph — Figurative mark — Opposition by the proprietor of the earlier trade mark — Proof of the existence, validity and extent of the protection of the earlier trade mark — Consideration by the Board of Appeal of evidence submitted out of time — Rejection of the opposition by the Board of Appeal)
ECLI:EU:UNKNOWN:62014CA0597
62014CA0597
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19.9.2016
Official Journal of the European Union
C 343/5
(Case C-597/14 P)
((Appeal - EU trade mark - Regulation (EC) No 207/2009 - Article 76(2) - Regulation (EC) No 2868/95 - Rule 50(1), third subparagraph - Figurative mark - Opposition by the proprietor of the earlier trade mark - Proof of the existence, validity and extent of the protection of the earlier trade mark - Consideration by the Board of Appeal of evidence submitted out of time - Rejection of the opposition by the Board of Appeal))
(2016/C 343/06)
Language of the case: Spanish
Parties
Appellant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas and A. Folliard-Monguiral, acting as Agents)
Other parties to the proceedings: Xavier Grau Ferrer, Juan Cándido Rubio Ferrer, Alberto Rubio Ferrer
Operative part of the judgment
The Court:
1.Dismisses the appeal.
2.Orders the European Union Intellectual Property Office (EUIPO) to pay the costs.
OJ C 89, 16.3.2015.