35First of all, it should be borne in mind that, in accordance with Article 52(1)(b) of Regulation No 207/2009, following an application to OHIM or on the basis of a counterclaim in infringement proceedings, a Community trade mark is to be declared invalid where the applicant was acting in bad faith when it filed the application for the trade mark. Where the applicant for a declaration of invalidity seeks to rely on that ground, it is for that party to prove the circumstances which substantiate a finding that the Community trade mark proprietor had been acting in bad faith when it filed the application for registration of that mark (Case T‑33/11 Peeters Landbouwmachines v OHIM — Fors MW (BIGAB) [2012] ECR, paragraph 17).
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