114In the present case, in so far as the sign relied on by the applicant in the present complaint corresponds to the contested mark, it should be noted that the case-law cited in paragraph 113 above is not applicable, for two reasons. On the one hand, as the intervener correctly observes, the contested mark has not been used before the McDONALD’S trade mark, the latter having been registered before the contested mark. Furthermore, as already noted in paragraph 109 above, it cannot be held that the marks at issue have coexisted peacefully precisely because the intervener defended its rights in the McDONALD’S trade mark by bringing an application for a declaration of invalidity of the contested trade mark within the required time limits.