Judgment of the General Court of 2 February 2016 — Benelli Q.J. Srl v OHIM — Demharter (MOTO B)

(Case T-169/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark MOTO B - Earlier non-registered national figurative marks MOTOBI - Relative ground for refusal - Evidence that the earlier non-registered marks are well known - Article 8(2)(c) of Regulation (EC) No 207/2009 - Article 6bis of the Paris Convention - Evidence submitted in support of the opposition after the expiry of the period set for that purpose - Failure to take account thereof - Discretion of the Board of Appeal - Provision to the contrary - Circumstances precluding additional or supplementary evidence from being taken into account - Article 76(2) of Regulation No 207/2009 - Rules 19 and 20 of Regulation (EC) No 2868/95 - Rule 50(1), third subparagraph, of Regulation No 2868/95 - First sentence of Article 75 of Regulation No 207/2009 - Obligation to state reasons))

(2016/C 098/37)

Language of the case: English

Parties

Applicant: Benelli Q.J. Srl (Pesaro, Italy) (represented by: P. Lukácsi and B. Bozóki, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially F. Mattina and subsequently P. Bullock, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Demharter GmbH (Dillingen, Germany) (represented by: A. Kohn, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 16 January 2013 (Case R 95/2012-2), relating to opposition proceedings between Benelli Q.J. Srl and Demharter GmbH.

Operative part of the judgment

The Court:

(1)  OJ C 147, 25.5.2013.