3Regulation No 207/2009 was, with effect from 23 March 2016, amended by Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Regulation No 207/2009 and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OJ 2015 L 341, p. 21). In view of the date when the material facts arose, the present reference for a preliminary ruling will, however, be examined under Regulation No 207/2009 as it stood prior to that amendment (‘Regulation No 207/2009’).
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