Judgment_paragraph 70 · L. Oliva Torras, SA v European Union Intellectual Property Office (T-100/19)

70With regard to the interpretation of the second sentence of Article 63(1) of Regulation No 6/2002, it should be recalled that, according to settled case-law, the analogous provisions of Article 95(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1), must be interpreted as meaning that the competent departments of EUIPO, in the framework of opposition proceedings, may base their decision only on the relative grounds for refusal which the party concerned has relied on and the related facts and evidence presented by the parties. However, that does not rule out the possibility that the departments of EUIPO may take into account not only the facts explicitly presented by the parties to the opposition proceedings but also well-known facts or may examine a legal question, even if it has not been raised by the parties, if the resolution of that question is required to ensure the proper application of the relevant provisions (see, to that effect, judgment of 15 October 2018, Apple and Pear Australia and Star Fruits Diffusion v EUIPO – Pink Lady America (WILD PINK), T‑164/17, not published, EU:T:2018:678, paragraph 20 and the case-law cited).

L. Oliva Torras, SA v European Union Intellectual Property Office (T-100/19)

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