42Directive 2008/95 prohibits Member States from introducing grounds of refusal or invalidity other than those set out in that directive; this is confirmed by recital 8 in the preamble thereto, according to which the grounds for refusal or invalidity concerning the trade mark itself, for example, concerning conflicts between the trade mark and earlier rights, should be listed in an exhaustive manner, even if some of these grounds are listed as an option for the Member States which should therefore be able to maintain or introduce those grounds in their legislation.
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