Opinion of the Advocate General — ECLI:EU:C:2008:269
Date: 2008-05-08
Language of the case: English
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded

Summary of the Judgment 1. Community trade mark – Procedural provisions – Notification (Commission Regulation No 2868/95, Art. 1, Rules 61(2) and 62(1)) 2. Community trade mark – Procedural provisions – Notification (Commission Regulation No 2868/95, Art. 1, Rule 68) 1. Notification by express courier does not constitute notification by registered letter with advice of delivery within the meaning of Rule 62(1) of Regulation No 2868/95 implementing Regulation No 40/94 on the Community trade mark. (see paras 20-22) 2. Where the Office for Harmonisation in the Internal Market (Trade Marks and Designs) is unable to prove that a document has been duly notified, or if provisions relating to its notification have not been observed, but that document has reached the addressee, it follows from Rule 68 of Regulation No 2868/95 implementing Regulation No 40/94 on the Community trade mark that the Office may produce proof of the date of receipt and that the document is deemed to have been notified on that date. (see para. 23)