34It must be stated that the concept of ‘bad faith’ appears in Article 51(1)(b) of Regulation No 40/94, according to which a Community trade mark is to be declared invalid ‘where the applicant was acting in bad faith when he filed the application for the trade mark’. That provision was reproduced identically by Article 52(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1), which repealed and replaced Regulation No 40/94.
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