34The structure of Article 52(2) of Regulation No 40/94, for its part, is inconsistent with such an interpretation. According to that provision, a Community trade mark may be declared invalid on application by a person concerned claiming ‘another earlier right’. In order to clarify the nature of such an earlier right, that provision lists four rights, while indicating, by the use of the adverb ‘in particular’, that that list is not exhaustive. The examples given include, besides the right to a name and the right of personal portrayal, a copyright and an industrial property right.
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