Judgment_paragraph 30 · Castellblanch, SA v European Union Intellectual Property Office (T-29/04)

30In addition, it must be noted that, under the combined provisions of Article 15(2)(a) and Article 43(2) and (3) of Regulation No 40/94, proof of genuine use of an earlier national or Community trade mark which forms the basis of an opposition against a Community trade mark application also includes proof of use of the earlier mark in a form differing in elements which do not alter the distinctive character of that mark in the form under which it was registered (see, to that effect, Case T-156/01 Laboratorios RTB v OHIM — Giorgio Beverly Hills (GIORGIO AIRE) [2003] ECR II-2789, paragraph 44).

Castellblanch, SA v European Union Intellectual Property Office (T-29/04)

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