Calling all trade mark attorneys, it's time to pay attention to the ticking clock and substantiate your opposition claims with evidence before the deadline! 

Apple's recent unsuccessful opposition to a trade mark application by Apella Games is a cautionary tale of why you should avoid filing evidence very near to a deadline to account for any potential technical difficulties or delays in transmission. 

In an article for CITMA, Victoria Leach explains why this case is a reminder of the importance of substantiating the opposition within the original substantiation deadline. If opponents fail to do so, then the EUIPO does not have discretion to admit late‑filed evidence.

You can read the full article here.