General Court: opponent not obliged to provide full translations of evidence of genuine use

European Union

In Rath v EUIPO, the General Court upheld the decision of the Second Board of Appeal of the EUIPO in opposition proceedings concerning the application for the mark DIACOR and the earlier Portuguese figurative mark DIACOL PORTUGAL. Among other things, the court found that the board of appeal could refrain from requesting that the opponent submit full translations of the evidence of use of the earlier trademark.

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