Judgment_paragraph 49 · Volvo Trademark Holding AB v European Union Intellectual Property Office (T-356/18)

49Furthermore, as regards EUIPO’s argument in the response that both the proportions in which the colours are distributed in the signs at issue reproduced in paragraph 35 above and the tones of silver used in those signs are different, it must be stated that that reasoning is not set out in the contested decision, with the result that, by that argument, EUIPO seeks to substantiate the contested decision with matters that were not taken into account in that decision. Such additional reasoning cannot successfully be relied on before the Court and must be rejected as inadmissible (see, to that effect, 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 71). In any event, the alleged differences in proportion and in the tone of silver do not in any way invalidate the finding that very similar combinations of colours, which can clearly and immediately be perceived, are used in the sign in respect of which registration has been sought and the earlier mark relied on.