Judgment_paragraph 49 · Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-445/12 P)

49In that context, Rivella International cannot call in question the conclusions drawn by the General Court from the judgment of the Court of Justice in Case C-234/06 P Il Ponte Finanziaria v OHIM [2007] ECR I-7333 regarding the concept of use of a trade mark. In that judgment, as the General Court recalled in paragraph 34 of the judgment under appeal, the Court held that the national concept of a defensive trade mark, pursuant to which an earlier trade mark is protected on the basis of national law even if its use cannot be established, cannot be used to oppose the registration of a Community trade mark.