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Case C-120/12 P: Judgment of the Court (Fourth Chamber) of 3 October 2013 — Bernhard Rintisch v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Bariatrix Europe Inc. SAS (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 74(2) — Regulation (EC) No 2868/95 — First and third subparagraphs of Rule 50(1) — Opposition by the proprietor of an earlier trade mark — Existence of the mark — 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)
ECLI:EU:UNKNOWN:62012CA0120
62012CA0120
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23.11.2013
Official Journal of the European Union
C 344/24
(Case C-120/12 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 74(2) - Regulation (EC) No 2868/95 - First and third subparagraphs of Rule 50(1) - Opposition by the proprietor of an earlier trade mark - Existence of the mark - 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)
2013/C 344/40
Language of the case: English
Parties
Appellant: Bernhard Rintisch (represented by: A. Dreyer, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Bariatrix Europe Inc. SAS
Re:
Appeal brought against the judgment of the General Court (Seventh Chamber) of 16 December 2011 in Case T-62/09 Rintisch v OHIM by which the General Court dismissed an action for annulment brought by the proprietor of national word and figurative marks ‘PROTI’, ‘PROTIPOWER’ and ‘PROTIPLUS’ for goods in Classes 29 and 32, and the national trade name ‘PROTITOP’ for goods in Classes 29, 30 and 32, against decision R 740/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 15 December 2008, dismissing the appeal against the decision of the Opposition Division rejecting the opposition filed by the applicant in respect of registration of the word mark ‘PROTI SNACK’ for goods in Classes 5, 29, 30 and 32 — Late submission of documents — Discretion conferred by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Mr Bernhard Rintisch to pay the costs.
(<span class="super">1</span>) OJ C 165, 9.6.2012.