Judgment_paragraph 61 · Centrotherm Systemtechnik GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-610/11 P)

61Thirdly, it is clear that the principle reflected in Articles 42(2) and 57(2) of Regulation No 207/2009, under which it is for the proprietor of the earlier mark to prove genuine use of that mark, is in reality merely an application of common sense and requirements of procedural efficacy.