43As regards the second part of the second plea in law, it should be recalled that the applicant claims that it furnished proof of genuine use of the earlier Community trade mark in connection with the goods in respect of which it was registered and in respect of which the Opposition Division accepted such use, during the period of five years that preceded the date of publication of the Community trade mark application, within the meaning of Article 42(2) of Regulation No 207/2009, read in conjunction with Article 15 of that regulation and Rule 22(3) of Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation No 40/94 (OJ 1995 L 303, p. 1), as amended by Commission Regulation (EC) No 1041/2005 of 29 June 2005 (OJ 2005 L 172, p. 4), under which proof of use must relate to ‘the place, time, extent and nature of use of the opposing trade mark’.
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