Judgment_paragraph 26 · Devinlec Développement Innovation Leclerc SA v European Union Intellectual Property Office (T-147/03)

26First, it must be stated that under Article 15(2)(a), in conjunction with Article 43(2) and (3), of Regulation No 40/94 proof of genuine use of an earlier national or Community trade mark which is the basis of opposition proceedings against a Community trade mark application also includes proof of use of the earlier mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered (see, to that effect, Case T-156/01 Laboratorios RTB v OHIM — Giorgio Beverly Hills (GIORGIO AIRE) [2003] ECR II-2789, paragraph 44).