ECLI:EU:T:2003:241

«(Community trade mark – Regulation (EC) No 40/94 and Regulation (EC) No 2868/95 – Opposition procedure – Genuine use of earlier mark – Scope of the examination conducted by the Board of Appeal – Assessment of the evidence produced in the procedure before the Opposition Division)» Summary of the Judgment Community trade mark – Appeal procedure – Appeal against a decision of the Opposition Division – Examination by the Board of Appeal – Scope(Council Regulation No 40/94, Arts 61(1) and 62(1)) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)23 September 2003 (1) ((Community trade mark – Regulation (EC) No 40/94 and Regulation (EC) No 2868/95 – Opposition procedure – Genuine use of earlier mark – Scope of the examination conducted by the Board of Appeal – Assessment of the evidence produced in the procedure before the Opposition Division)) applicant, v defendant, the other party to the proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) being: LHS (UK) Ltd,established in Cheadle Hulme (United Kingdom), THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the written procedure and further to the hearing on 15 January 2003, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber) Forwood Pirrung Meij H. Jung N.J. Forwood Registrar President 1 – Language of the case: English.