64In the light of that preliminary observation, the Court finds that the Board of Appeal did not carry out a proper examination of the evidence produced by Inter-Union Technohandel, namely, Mr S.’s affidavit and the ‘advertisements, catalogues and magazine articles’, including the articles published in Stiftung Warentest’s magazine test. As can be seen from paragraphs 37 and 39 of the contested decision, the Board of Appeal considered whether the ‘articles on actual product tests’ and ‘advertisements, catalogues, and magazine articles’ alone could demonstrate the extent of the use of the earlier mark and, relying on the judgment in BIODANZA, paragraph 60 above (EU:T:2012:113), concluded that they could not. No part of the contested decision shows that the Board of Appeal examined the content of Mr S.’s affidavit in conjunction with the ‘advertisements, catalogues and magazine articles’, including the articles published in Stiftung Warentest’s magazine test. That finding is confirmed by the reference made by the Board of Appeal to the judgment in BIODANZA, paragraph 60 above (EU:T:2012:113), in which, as is also pointed out in paragraphs 69 and 70 below, the question at issue was whether the advertising material used by the proprietor of the earlier mark — which was the only evidence produced for the purposes of demonstrating the genuine use of that mark — could demonstrate such use.
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