Judgment_paragraph 41 · Grupo Textil Brownie, SL v European Union Intellectual Property Office (T-598/18)

41In that regard, the Board of Appeal, in essence, was entitled to point out, in paragraph 39 of the contested decision, that evidence relating to use made before or after the relevant period is not, in principle, devoid of relevance. Indeed, it is clear from the case-law that the consideration of such evidence relating to use made before or after the relevant period is possible, in so far as it makes it possible to confirm or better assess the extent to which the earlier mark was used and the actual intentions of the proprietor during that period. However, such evidence can be taken into consideration only if other evidence relating to the relevant period has been produced (see, to that effect, judgments of 27 September 2012, El Corte Inglés v OHIM — Pucci International (PUCCI), T‑39/10, not published, EU:T:2012:502, paragraphs 25 and 26; of 16 June 2015, Polytetra v OHIM — EI du Pont de Nemours (POLYTETRAFLON), T‑660/11, EU:T:2015:387, paragraph 54; and of 8 April 2016, Frinsa del Noroeste v EUIPO — Frisa Frigorífico Rio Doce (FRISA), T‑638/14, not published, EU:T:2016:199, paragraphs 38 and 39).