ECJ: OHIM has discretion to take into account additional evidence of use

In New Yorker SHK Jeans vOffice for Harmonisation in theInternal Market (OHIM) (CaseC-621/11 P), the European Courtof Justice (ECJ) has held thatOHIM was entitled to take intoaccount additional evidence ofuse filed by the opponent afterthe original deadline for filingproof of use had expired.