Judgment_paragraph 26 · PepsiCo, Inc. v European Union Intellectual Property Office (T-269/02)

26The validity of a national trade mark, in this case the intervener's, may not be called in question in proceedings for registration of a Community trade mark, but only in cancellation proceedings brought in the Member State concerned (Case T-6/01 Matratzen Concord v OHIM - Hulda Germany (MATRATZEN) [2002] ECR II-4335, paragraph 55). Moreover, although it is for OHIM to ascertain, on the basis of evidence which it is up to the opponent to produce, the existence of the national mark relied on in support of the opposition, it is not for it to rule on a conflict between that mark and another mark at national level, such a conflict falling within the competence of the national authorities.

PepsiCo, Inc. v European Union Intellectual Property Office (T-269/02)

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