Judgment of the General Court of 1 July 2014 — You-View.tv v OHIM — YouView TV (YouView+)
(Case T-480/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark YouView+ — Earlier Benelux figurative trade mark You View You-View.tv — Late submission of documents — Discretion granted by Article 76(2) of Regulation (EC) No 207/2009 — Concept of a ‘provision to the contrary’ — Rule 20(1) of Regulation (EC) No 2868/95)
Language of the case: English
Parties
Applicant: You-View.tv (Anvers, Belgium) (represented by: S. Criel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: YouView TV Ltd (London, United Kingdom)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 18 June 2013 (Case R 2112/2012-4) relating to opposition proceedings between You-View.tv and YouView TV Ltd.
Operative part of the judgment
The Court:
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 June 2013 (Case R 2112/2012-4), relating to opposition proceedings between You-View.tv and YouView TV Ltd.
Dismisses the remainder of the heads of claim.
Orders OHIM to pay the costs.
________________________1 OJ C 334, 23.11.2013.