CELEX: 62009TJ0109
Community trade mark
Opposition proceedings
Application for Community word mark PROTIVITAL
Earlier national word and figurative marks PROTIPLUS, PROTI and PROTIPOWER
Late submission of documents
Discretion granted by Article 74(2) of Regulation (EC) No 40/94 (now Article 76(2) of Regulation (EC) No 207/2009)
Concept of a provision to the contrary
Rule 20(1) of Regulation (EC) No 2868/95
Rule 50(1) of Regulation No 2868/95

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2009 (Case R 1660/2007-4) relating
to opposition proceedings between Bernhard Rintisch and Valfleuri Pâtes alimentaires SA.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Mr Bernhard Rintisch to pay the costs.