97Applicants have no legitimate interest in the annulment of a decision on the ground of a procedural defect where annulment of the decision can only lead to the adoption of another decision identical in substance to the decision annulled (see, to that effect, Case 117/81 Geist v Commission [1983] ECR 2191, paragraph 7; Case T-43/90 Diaz García v Parliament [1992] ECR II-2619, paragraph 54; and Case T-261/97 Orthmann v Commission [2000] ECRSC I-A-181 and II-829, paragraphs 33 and 35). In the present case, it is clear from paragraph 68 above that it has not been established that the mark applied for has become distinctive through use in accordance with Article 7(3) of Regulation No 40/94.
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