OHIM has revised its practice on the acceptance of evidence of use of an opponent's trade mark where such evidence is filed after the official deadline. The change, which comes into effect on 2 June 2014, means that OHIM will no longer reject all evidence filed after the deadline. Instead, it will accept late supplementary evidence as long as some relevant initial evidence has been provided within the given time limit.

The change brings OHIM's practice into line with recent ECJ case law in this area, namely the decisions in New Yorker Jeans (Case C 621/11 P, see Legal update, ECJ holds additional evidence of use filed after initial time limit was admissible) and Centrotherm (Cases C‑609/11 P and C‑610/11 P, see Legal update, ECJ finds OHIM has discretion to consider late evidence in revocation proceedings), given in July and September 2013 respectively. In both of these judgments the ECJ held that as long as relevant initial evidence was provided within the time limit specified by OHIM, it was still possible for the opponent to submit additional proof after the expiry of that time limit. OHIM says that it is particularly likely to take the additional evidence into account where the material produced late is, on the face of it, likely to be relevant to the outcome of the opposition and the stage of the proceedings at which that late submission takes place, provided that the circumstances surrounding it do not preclude such matters being taken into account.

Source: OHIM news item, 2 June 2014.