Fürstlich Castell’sches Domänenamt Albrecht Fürst zu Castell-Castell v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-320/10)

Judgment of 13 Sept 2013

law://eu/cjeu/2010/t-320-10/para_28@2026-11-13

28By virtue of that presumption of validity, OHIM’s obligation, under Article 76(1) of Regulation No 207/2009, to examine of its own motion the relevant facts which may lead it to apply absolute grounds for refusal, is restricted to the examination of the application for a Community trade mark carried out by the Examiners of OHIM and, on appeal, by the Boards of Appeal during the procedure for registration of that mark. In invalidity proceedings, as the registered Community trade mark is presumed to be valid, it is for the person who has filed the application for a declaration of invalidity to invoke before OHIM the specific facts which call the validity of that trade mark into question.

Fürstlich Castell’sches Domänenamt Albrecht Fürst zu Castell-Castell v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-320/10)

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