Judgment_paragraph 12 · Benelli Q. J. Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-171/13)

12In point 50 of the contested decision, the Board of Appeal found that, in the present case, there was a provision to the contrary which precluded evidence submitted out of time from being taken into account, namely Article 51(1)(a) of Regulation No 207/2009, as applied under Rule 40(5) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1), as amended by Commission Regulation (EC) No 1041/2005 of 29 June 2005 (OJ 2005 L 172, p. 4). Thus, the submission of proof of use of the Community trade mark after the expiry of the time limit resulted in the revocation of the mark.