When a trademark that is being opposed to in a Community proceeding is also sued, how does this affect the opposition?
Community Regulations provide that the OHIM may suspend the proceeding when circumstances so require.
The Office is not obliged to do so, and suspension is up for the examiners to decide. On December 18, 2008, the Second Board of Appeal ruled that when an opposition based on a single earlier mark is also sued nationally, suspension is required. This requires a case-by-case analysis.