Judgment_paragraph 50 · Apple and Pear Australia Ltd and Star Fruits Diffusion v European Union Intellectual Property Office (EUIPO) (C-226/15 P)

50In contrast, it follows from Regulation No 207/2009, and, in particular, Title IV thereof, relating to the procedure for registration of an EU trade mark, that EUIPO has exclusive jurisdiction over registration and opposition to such registration of an EU trade mark. The General Court stated, correctly, in paragraph 63 of the judgment under appeal, that EUIPO is the only body empowered by the Union legislature to examine registration applications and, accordingly, authorise or refuse registration of an EU trade mark. The absence of provisions laying down that EUIPO’s adjudicating bodies, when exercising their competence concerning the registration of an EU trade mark or the opposition to such registration, are bound by a final decision of an EU trade mark court is therefore the consequence of the exclusive nature of EUIPO’s competence in that area.