Judgment_paragraph 34 · Petco Animal Supplies Stores, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-664/13)

34In the present case, as is apparent from paragraph 39 of the contested decision and is not disputed by the applicant, the Board of Appeal carried out, inter alia, a prima facie analysis of the likelihood that the application for a declaration of invalidity would succeed. Such an analysis, which resulted in a finding that that likelihood was slight, is part of the broad discretion conferred on the Board of Appeal, as referred to in paragraph 31 above, and is justified by the objective of preventing the instrument of suspension from being used for delaying purposes.