In this case review to be published in the
ITMA Review, Caspar Rebling looks at the recent CTM case of
Royalton Overseas. Here the General Court annulled the OHIM Board of Appeal’s decision not to suspend a CTM opposition appeal based on a cancellation action by the Applicant against the opponent’s earlier national right and in doing so fleshed out the criteria under which the Board of Appeal must exercise its statutory discretion to suspend.