53The fact that an additional time-limit cannot be granted does not frustrate the right to be heard set out in Article 73 of Regulation No 40/94 according to which OHIM decisions are to be based only on reasons or evidence on which the parties concerned have had an opportunity to present their comments. That right does not require that, before taking a final position on the assessment of the evidence submitted by a party, the Board of Appeal of OHIM must offer that party a further opportunity to comment on that evidence (see, to that effect, the order of 4 March 2010 in Case C-193/09 P Kaul v OHIM, paragraphs 58 and 66).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.