IPPT20120119, CJEU, OHIM v Nike International

Print this page 08-04-2012
IPPT20120119, CJEU, OHIM v Nike International

COMMUNITY TRADEMARK LAW

 

Nike ought to have been granted an opportunity to prove the transfer of the earlier right R10 on which it relied in order to show that it had locus standi
• by disregarding the applicability of Rule 49(1) of Regulation No 2868/95 and by deciding that the First Board of Appeal of OHIM, by applying Rule 50(1) of that regulation and, by analogy, Rule 31(6) of that regulation and the OHIM Guidelines on the opposition proceedings, in the point cited at paragraph 17 of the present judgment, mutatis mutandis, ought to have granted Nike an opportunity to present its comments or to produce additional evidence such as to prove the transfer of the earlier right on which it had relied in order to show that it had locus standi, the General Court infringed Article 58 of Regulation No 40/94 and Rule 49(1) and (2) of Regulation No 2868/95.

 

 

IPPT20120119, CJEU, OHIM v Nike International