Judgment_paragraph 108 · Centrotherm Systemtechnik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-610/11 P)

108Furthermore, it follows from paragraphs 85 to 90 of this judgment that such an assessment is based on an incorrect interpretation of Rule 40(5) and disregards Article 76(2) of Regulation No 207/2009.