Judgment_paragraph 12 · Bimbo SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-591/12 P)

12Given that the application for registration of the Community trade mark at issue was filed on 25 May 2006 and that that date is determinative for the purposes of identifying the applicable substantive law (see, to that effect, orders in Case C‑14/12 P Shah v Three-N-Products Private EU:C:2013:349, paragraph 2, and Case C‑346/12 P DMK v OHIM EU:C:2013:397, paragraph 2), the present dispute is governed by the procedural provisions of Regulation No 207/2009 and the substantive provisions of Regulation No 40/94.