OHIM v National Lottery Commission Case C-530/12 P
Opinion of the AG delivered. Consideration was given to whether OHIM, in a trade mark opposition on relative grounds, was required to investigate the content of the national law relevant to the earlier right. In the AG’s Opinion the General Court was entitled to conclude that OHIM had erred in its assessment of the applicable national law and to hold that OHIM ought to have investigated whether the parties’ contentions as to the content of national law were correct. OHIM ought, however, to have been given the opportunity to comment on Italian legal authorities referred to by the General Court and the case should be remitted to the General Court to allow that to happen. Benet appeared for the National Lottery Commission, which had been successful in its appeal to the General Court.