Judgment_paragraph 41 · Philip Morris Brands Sàrl v European Union Intellectual Property Office (T-105/16)

41The Court of Justice has pointed out that Article 76(2) of Regulation No 207/2009 should be interpreted in the same way in relation to proof of the existence, validity and scope of protection of a trade mark, since that provision contains a rule which applies horizontally within the scheme of that regulation, inasmuch as it applies irrespective of the nature of the proceedings concerned. It follows that Rule 50 of Regulation No 2868/95 cannot be interpreted as meaning that it extends the discretion of the Boards of Appeal to new evidence (judgment of 21 July 2016, EUIPO v Grau Ferrer, C-597/14 P, EU:C:2016:579, paragraph 27), but only to evidence ‘additional’ or ‘supplementary’ to relevant evidence which was lodged within the time limit set (see judgment of 11 December 2014, CEDC International v OHIM — Underberg (Shape of a blade of grass in a bottle), T-235/12, EU:T:2014:1058, paragraph 89 and the case-law cited).