87In that case, unless it emerges that that evidence is entirely irrelevant for the purpose of establishing genuine use of the mark, the proceedings must take their course. OHIM must inter alia, as provided for by Article 57(1) of Regulation No 207/2009, invite the parties, as often as necessary, to file observations on communications from the other parties or issued by OHIM itself. Should those proceedings subsequently lead to revocation of the mark, it will not be as a result of the application of Rule 40(5) of Regulation No 2868/95, which is an essentially procedural provision, but solely of the application of the substantive provisions in Articles 51(1) and 57 of Regulation No 207/2009.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.