Judgment — ECLI:EU:T:2014:591
Date: 2014-07-01
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Belgium

Judgment of the General Court (Second Chamber) of 1 July 2014 — You-View.tv v OHIM — YouView TV (YouView+) (Case T‑480/13) Community trade mark — Opposition proceedings — Application for Community word mark YouView+ — Earlier Benelux figurative trade mark You View You-View.tv — Late submission of documents — Discretion granted by 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 1. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Declaratory judgments — Not included (Council Regulation No 207/2009, Art. 65(3)) (see para. 15) 2. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Direction issued to the Office — Not included (Council Regulation No 207/2009, Art. 65(6)) (see para. 17) 3. Community trade mark — Appeals procedure — Appeal against a decision of the Opposition Division of OHIM — Examination by the Board of Appeal — Scope — Facts and evidence not produced in support of the opposition within the period prescribed for that purpose — Account taken — Discretion of the Board of Appeal (Council Regulation No 207/2009, Art. 76(2); Commission Regulation No 2868/95, Art. 1, Rule 20(1)) (see paras 24, 25) 4. Community trade mark — Appeals procedure — Action before the EU judicature — Interest in bringing proceedings — Circumscribed powers of the Office — No interest (see para. 32) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 June 2013 (Case R 2112/2012-4) relating to opposition proceedings between You-View.tv and YouView TV Ltd. Operative part The Court: 1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 June 2013 (Case R 2112/2012-4), relating to opposition proceedings between You-View.tv and YouView TV Ltd; 2. Dismisses the remainder of the heads of claim; 3. Orders OHIM to pay the costs.