Judgment_paragraph 31 · Bernhard Rintisch v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-120/12 P)

31Under the third subparagraph of Rule 50(1) of the Implementing Regulation, where the appeal is directed against a decision of an Opposition Division, the Board of Appeal must limit its examination of the appeal to facts and evidence presented within the time-limits set in or specified by the Opposition Division, unless the Board considers that additional or supplementary facts and evidence must be taken into account pursuant to Article 74(2) of Regulation No 40/94.