ECLI:EU:T:2003:68

«(Community trade mark – Opposition procedure – Application for Community word mark Silk Cocoon – Earlier word mark COCOON – Proof of genuine use of earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 – Right to be heard)» Summary of the Judgment 1.. Community trade mark – Third-party observations and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Definition (Council Regulation No 40/94, Art. 43(2)) 2.. Community trade mark – Decisions of the Office – Observance of the rights of the defence (Council Regulation No 40/94, Art. 73) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber)12 March 2003(1) ((Community trade mark – Opposition procedure – Application for Community word mark Silk Cocoon – Earlier word mark COCOON – Proof of genuine use of earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 – Right to be heard)) applicant, v intervener, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber), having regard to the written procedure and further to the hearing on 13 November 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber) Moura Ramos Pirrung Meij H. Jung R.M. Moura Ramos Registrar President 1 – Language of the case: German.