Judgment_paragraph 26 · European Union Intellectual Property Office (EUIPO) v Xavier Grau Ferrer (C-597/14 P)

26The Court has held that, when no proof of use of the mark concerned is submitted within the time limit set by the Office, the opposition must automatically be rejected by it. However, when evidence is produced within the time limit set by the Office, the production of supplementary evidence remains possible (see, to that effect, judgment of 18 July 2013 in New Yorker SHK Jeans v OHIM, C‑621/11 P, EU:C:2013:484, paragraphs 28 and 30).