More On Baronial Bottles

earlier post). He says:

"Basically it seems to move a procedural issue. The Castilian were belatedly amongst their show of prior purpose at OHIM.

* Jan 2001 Rothschild applies for the mark;

* Oct 2001 Castilian oppose on grounds (a) lead chances of confusion; (b) prior use;

* 28 Jan 2002 the Castilian submitted merely about documents showing prior use, but critically exclusively 1 document showing recent purpose — a sample of a label from 2000;

Rothschild's opposes the prior purpose on grounds that the Castilian had failed to exhibit serious use;

* OHIM Oppositions gave the Castilian until September 2002 to file show of recent serious use;

* They filed nix before Nov 2002 — OHIM threw out their illustration against registration;

* Jan 2003 they in conclusion filed proof of serious use;

* They thence appealed. The Appeal Board held, y'all fluffed the deadline, tough.

The Castilian thence appealed to the Court of First Instance. The bottom business inwards the CFI's judgment was that the Board of Appeal should lead maintain allowed the novel show because it was inside its deadlines: it's supposed to lead maintain an appreciation of the entire case. Decision annulled too remanded for re-review inwards low-cal of the admissible evidence".

As Colm adds, this seems slightly dodgy: it basically way that y'all tin fluff a deadline inwards an Opposition, thence reopen the show before the Board of Appeal.

Many thanks, Colm!