Judgment_paragraph 28 · European Union Intellectual Property Office v Celltech R&D Ltd (C-273/05 P)

28It is clear upon reading the first sentence of Article 73 in conjunction with Article 74(1) of Regulation No 40/94 that, although the bodies of OHIM are required to give reasons for their decisions, they are not, however, required to state the facts that they have taken into consideration. Therefore, reasoning, even if it is in the abstract, suffices provided that it is correct and that it is not contradicted by a party's evidence to the contrary. That interpretation is confirmed by the case-law of the Court of Justice (Case C-447/02 P KWS Saat v OHIM [2004] ECR I-10107, paragraphs 44 to 49) and of the Court of First Instance (Case T-315/03 Wilfer v OHIM (ROCKBASS) [2005] ECR II-1981, paragraph 21).