In Gambling Commission v OHIM (Case T-404/10 RENV, June 30 2015), the General Court has annulled a decision of the First Board of Appeal of OHIM (Case R 1028/2009-1) in invalidity proceedings between Mediatek Italia Srl and Giuseppe De Gregorio on the one hand, and the National Lottery Commission (now the Gambling Commission) on the other.

While finding that the applicants for a declaration of invalidity had shown the existence of an earlier right, the General Court held that the Board of Appeal had based its approach on a misinterpretation of the national law governing its.

Essentially, the Board of Appeal had not accurately assessed the scope of its own powers. Since the Board of Appeal is empowered to decide on the validity of a Community trademark, it must necessarily be entitled to appraise the authenticity of the document on which a party’s claims are based when that authenticity is disputed.