MIP Metro Group Intellectual Property GmbH & Co. KG v European Union Intellectual Property Office (T-191/04)

Judgment of 13 Sept 2006

law://eu/cjeu/2004/t-191-04/para_25@2026-11-13

25As its fourth plea, the intervener submits that the principle of legal certainty requires that Community rules must enable those concerned to know precisely the extent of the obligations which are imposed upon them (Case C-233/96 Denmark v Commission [1998] ECR I-5759, paragraph 38). It maintains that the applicant's contention, namely that the time when OHIM must determine the validity of an earlier mark is the time of the ruling on the opposition, has an arbitrary and uncertain basis. It argues that the fact that proceedings may become protracted would require an opponent to guess when a decision on the merits was likely to be taken or continuously to provide updated evidence of the subsistence of the earlier mark.

MIP Metro Group Intellectual Property GmbH & Co. KG v European Union Intellectual Property Office (T-191/04)

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