Judgment_paragraph 33 · Atomic Austria GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-318/03)

33It follows, in particular, from Article 74(1) of Regulation No 40/94 in fine that in proceedings relating to relative grounds for refusal of registration, the onus is upon the party opposing the registration of a Community trade mark in reliance on an earlier national trade mark, to prove its existence and, as the case may be, the extent of protection.

Atomic Austria GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-318/03)

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