Case T-108/08

Zino Davidoff SA

v

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Community trade mark – Opposition proceedings – Application for Community word mark GOOD LIFE – Earlier national word mark GOOD LIFE – Genuine use of the earlier mark – Duty of diligence – Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009)

Summary of the Judgment

Community trade mark – Procedural provisions – Examination of the facts of the Office’s own motion – Duty of diligence – Genuine use of the earlier mark

(Council Regulation No 40/94, Art. 74(1))

Article 74(1) of Regulation No 40/94 on the Community trade mark is statement of the duty of diligence, under which the relevant institution is required to examine carefully and impartially all the relevant factual and legal aspects of the case in question.

Similarly, in the context of the assessment of whether sufficient evidence of genuine use of an earlier mark has been adduced, it falls to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and its Boards of Appeal to examine, carefully and impartially, all the evidence submitted by the parties to the dispute.

(see paras 19-20)