Judgment — ECLI:EU:T:2003:241
Date: 2003-09-23
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Appeals before the Boards of Appeal
Procedure: Action for annulment - successful
Origin: Germany

Summary of the Judgment 
Community trade mark — Appeal procedure — Appeal against a decision of the 
Opposition Division — Examination by the Board of Appeal — Scope 
(Council Regulation No 40/94, Arts 61(1) and 62(1» 
II - 3253 
SUMMARY — CASE T-308/01 
In appeal proceedings before the Boards of 
Appeal of the Office for Harmonisation in 
the Internal Market (Trade Marks and 
Designs) brought with a view to overturn­
ing a decision of the Opposition Division, 
the extent of the examination which the 
Board of Appeal must conduct is not, in 
principle, determined by the grounds relied 
on by the party who has brought the 
appeal, given the continuity, in terms of 
their functions, between the departments of 
the Office deciding on the application at 
first instance and the Boards of Appeal. 
Accordingly, even if the party who has 
brought the appeal has not raised a specific 
ground of appeal, the Board of Appeal is 
none the less bound to examine whether or 
not, in the light of all the relevant matters 
of fact and of law, a new decision with the 
same operative part as the decision under 
appeal may be lawfully adopted at the time 
of the appeal ruling. 
(see paras 25, 29) 
II - 3254