Lambretta T-132/12 and T-51/12
In case T-132/12 the General Court upheld an appeal from the Board of Appeal of OHIM in an application for revocation for non-use. The GCEU considered the scope of the examination that the Board of Appeal was required to perform. It held that the Board of Appeal was obliged to consider even matters not raised by the party bringing the appeal as a specific ground of appeal.
In case T-51/12 the General Court upheld an appeal from the Board of Appeal of OHIM in an application for revocation for non-use. It held that OHIM had created a legitimate expectation that registrations made before 21 June 2012 by reference to the class heading were registered for all goods or services in that class. Accordingly, in the particular case the Board of Appeal had failed to considered whether partial revocation was appropriate for a subset of goods within Class 12.