24First, it must be noted that the revocation of the mark upon which an opposition is based, when it occurs only after a decision of the Board of Appeal allowing an opposition based on that mark, does not constitute either a withdrawal or a repeal of that decision. As OHIM submitted at the hearing, in the case of revocation under the provisions of Article 55(1) of Regulation No 207/2009, the Community mark is deemed not to have had, as from the date of the application for revocation, the effects provided for under that regulation. By contrast, until that date, the Community mark benefitted in full from all the effects arising from that protection, laid down in Section 2 of the regulation. Consequently, at the date on which the contested decision was adopted, the earlier Community mark benefited in full from all the effects specified in those provisions. Therefore, for the Court to find that the litigation becomes devoid of purpose when, in the course of the proceedings, a revocation decision is reached would amount to taking into account matters arising after the adoption of the contested decision, which neither affect the well-foundedness of that decision nor have any relevance for the opposition proceedings of which the present case is the culmination.
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