European Union Intellectual Property Office v Grau Ferrer

European Union – Trade marks. The Court of Justice of the European Union dismissed the European Union Intellectual Property Office's (EUIPO) appeal against the decision of the General Court of the European Union. The General Court had erred by having held that EUIPO's Fourth Board of Appeal (the Board) had failed to exercise the discretion to decide whether it had been appropriate to take additional evidence into consideration, but by having failed to undertake that examination, the Board had, in fact, infringed art 76(2) of Council Regulation (EC) 207/2009, as the General Court had held.