Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Appeals procedure

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Appeal brought against a decision of the Opposition Division of the Office

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Examination by Board of Appeal

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Scope

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Evidence not submitted in support of the opposition within the prescribed time-limit

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Account taken

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Discretion of the Board of Appeal (Council Regulation No 40/94, Art. 74(2); Commission Regulation No 2868/95, Arts 20(1) and 50(1)) (see paras 30-32, 36-41

)

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 December 2008 (Case R 740/2008-4) relating to opposition proceedings between Bernhard Rintisch and Bariatrix Europe Inc. SAS.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Mr Bernhard Rintisch to pay the costs.