19In the context of the first plea in law, the applicant raises, in essence, two main complaints. First, the Board of Appeal breached the applicant’s right to be heard under Articles 63(2), 75 and 76 of Regulation No 207/2009. Second, the Board of Appeal misconstrued its own discretion under Article 4(2) and Article 10 of Commission Regulation (EC) No 216/96 of 5 February 1996 laying down the rules of procedure of the Boards of Appeal of OHIM (OJ 1996 L 28, p. 11), as amended by Commission Regulation (EC) No 2082/2004 of 6 December 2004 (OJ 2004 L 360, p. 8), read in conjunction with the right to be heard under Articles 63(2), 75 and 76 of Regulation No 207/2009. The applicant maintains that the Board of Appeal should have invited it to submit observations on the earlier word mark in the proceedings before it, since the Opposition Division had compared the mark applied for only with the first earlier figurative mark.
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