ECJ: Board of Appeal has discretion to consider late-filed evidence

In Rintisch v Office for
Harmonisation in the Internal
Market (OHIM) (Cases C-120/12
P, C-121/12 P and C-122/12 P), the
European Court of Justice has
held that the Board of Appeal of
the Office for Harmonisation in
the Internal Market (OHIM) had
correctly dismissed oppositions
filed by Bernhard Rintisch, even
though the board had erred in
assuming that it had no discretion
to take into account additional
evidence filed after the expiry of
the deadline set by OHIM.