65Whilst the wording of that provision could perhaps be interpreted as referring only to opposition procedures, the relative grounds for invalidity laid down in Article 52 of Regulation No 40/94 refer expressly to Article 8 of the same regulation, which defines the relative grounds for refusal of registration. As with the relative grounds for refusal of registration in opposition proceedings, the relative grounds for invalidity are considered by OHIM only at the request of the proprietor of the earlier mark in issue. Consequently, invalidity proceedings involving a relative ground for invalidity are, in principle, governed by the same principles as opposition proceedings. In particular, it is for the parties to ensure that they adduce the necessary matters of fact and evidence. Thus Article 74(1) in fine of Regulation No 40/94 also applies to cancellation proceedings involving a relative ground for invalidity according to Article 52 of the regulation.
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