Opinion of the Advocate General — ECLI:EU:C:2004:457
Date: 2004-07-15
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded
Origin: France

Summary of the Judgment Community trade mark – Review procedures – Review before the Community Courts – Procedural role of the Office – Opposition proceedings – No power to alter the terms of the dispute before the Court of First Instance (Rules of Procedure of the Court of First Instance, Art. 133(2); Council Regulation No 40/94, Art. 63(2)) In proceedings concerning an action against a decision of a Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) on an opposition to registration of a Community mark based on the likelihood of confusion with an earlier mark, the Office does not have the power to alter before the Court of First Instance the terms of the dispute, as delimited in the respective claims and allegations of the applicant for registration and of the opposing party. Although under Article 133(2) of the Rules of Procedure of the Court of First Instance, the Office is the defendant in proceedings before the Court of First Instance, the proceedings before that Court are intended to resolve a dispute between the applicant for registration and the holder of an earlier mark. Therefore, any finding that the Office has the power to alter the terms of the dispute before the Court of First Instance defeats the legitimate expectation of the party which was successful before the Board of Appeal, in so far as the purpose of proceedings before the Court of First Instance is, pursuant to Article 63(2) of Regulation No 40/94, to review the legality of the decision of the Board of Appeal. (see paras 26-27, 36)