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Case C-122/12 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), Valfleuri Pâtes alimentaires SA (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:62012CA0122
62012CA0122
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23.11.2013
Official Journal of the European Union
C 344/25
(Case C-122/12 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 344/42
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), Valfleuri Pâtes alimentaires SA (represented by F. Baujoin, avocate)
Re:
Appeal brought against the judgment of the General Court (Seventh Chamber) of 16 December 2011 in Case T-152/09 Rintisch v OHIM — Valfleuri Pâtes alimentaires, by which the General Court dismissed an action, brought by the proprietor of certain national and Community word marks, a national figurative mark and a business name containing the word ‘PROTI’ for goods in Classes 5, 29, 30 and 32, for the annulment of Decision R 1661/2007-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 3 February 2009, which had dismissed the appeal against the Opposition Division’s decision rejecting the opposition brought by Mr Rintisch against registration of the word mark ‘PROTIACTIVE’ in respect of goods in Classes 5, 29 and 30 — 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)
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.