Agency competent to require proof that an earlier mark has been renewed, but proof that an earlier mark has been renewed won’t be given spontaneously

TRADE MARK LAW – LITIGATION

Burden of proof

"69. [...] Agency competent to require proof that an earlier mark has been renewed, but proof that an earlier mark has been renewed won’t be given spontaneously"

New plea which extends the subject-matter of the dispute cannot be introuduced in appeal

"99. However, as OHIM correctly maintains, Anheuser-Busch is raising a plea which was not included in the action brought before the General Court against the contested decision. It is therefore a new plea which extends the subject-matter of the dispute and which for that reason cannot be put forward for the first time at the appeal stage"

IPPT20100729, CJEU, Anheuser-Busch v BHIM - Budweiser

C-214/09 P