73OHIM adds in that regard, however, that the General Court’s case-law has evolved since the judgment under appeal was delivered. The General Court held, inter alia, in paragraph 31 of its judgment of 29 September 2009 in Case T‑415/09 New Yorker SHK Jeans v OHIM – Vallis K. – Vallis A. (FISHBONE) that, notwithstanding Rule 22(2) of Regulation No 2868/95, the possibility must remain open for the Board of Appeal to take into account evidence of genuine use of the mark submitted after expiry of the time limit granted by OHIM under that provision, in keeping with Article 76(2) of Regulation No 207/2009, at the very least when that evidence merely completes the evidence submitted by the time limit and the party concerned did not in any way employ delaying tactics or demonstrate manifest negligence.
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