70In the present case, the possibility cannot be ruled out that the evidence which the Board of Appeal wrongly refused to take into consideration could substantively have altered the contested decision. It relates to the reference period (23 July 1996 to 23 July 2001), whereas the Opposition Division had rejected the opposition inter alia because the evidence submitted included only a single label, dating from 2000, relating to the reference period. In that regard it is not, however, for the Court to stand in for OHIM in assessing the evidence concerned.
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