Judgment_paragraph 85 · Bacardi Co. Ltd v European Union Intellectual Property Office (T-435/12)

85Furthermore, it is for EUIPO to examine whether, in the context of opposition proceedings, the conditions for the application of the ground for refusal of registration which has been pleaded have been fulfilled. In that context, it is necessary to assess the correctness of the facts pleaded, and the probative value of the evidence submitted by the parties. EUIPO may be called upon to take account, in particular, of the national law of the Member State in which the earlier sign on which the opposition is based is protected. In that case, it must, of its own motion and by whatever means considered appropriate, obtain information about the national law of the Member State concerned, where such information is necessary to assess the applicability of the ground for refusal of registration in question and, in particular, the correctness of the facts pleaded or the probative value of the documents lodged (judgment of 20 April 2005, ATOMIC BLITZ, T‑318/03, EU:T:2005:136, paragraphs 34 and 35).