Order — ECLI:EU:T:2003:304
Date: 2003-11-17
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Opposition proceedings
Procedure: Action for annulment - unfounded
Origin: Denmark

Summary of the Order 
Community trade mark — Registration procedure — Opposition — Failure to pro­
duce, within the prescribed time-limit, a translation of evidence and documents in support 
of the opposition — Discretion of the office to reject the opposition 
(Commission Regulation No 2868/95, Art. 1, Rules 16 and 17(2)) 
II - 4903 
SUMMARY — CASE T-235/02 
If, in opposition proceedings against the 
registration of a Community trade mark 
under Article 42 et seq. of Regulation 
No 40/94 on the Community trade mark, 
the opponent does not produce, as required 
by Rule 17(2) of Regulation No 2868/95 
implementing Regulation No 40/94, a 
translation of the evidence and documents 
in support of the opposition into the 
language of the opposition proceedings 
before the expiry of the period laid down 
for that purpose by the Office for Harmon­
isation in the Internal Market (Trade 
Marks and Designs), the Office may law­
fully reject the opposition as unfounded 
unless, in accordance with Rule 20(3) of 
Regulation No 2865/95, it can give a ruling 
on it by other means on the basis of the 
evidence which it may already have before 
it. 
Rejection of the opposition is justified even 
where the opponent fulfils the requirements 
of Rule 16 of the implementing regulation, 
concerning the production of such evidence 
and documents, since the failure to comply 
with Rule 17(2) does not permit the 
applicant for a trade mark to exercise its 
rights of defence in the inter partes pro­
ceedings, or the Board of Appeal to satisfy 
itself with sufficient certainty that the rights 
relied on by the opponent were real. 
(see paras 39, 43, 45) 
II - 4904