28Finally, whilst, from the time that the period of five years following registration of the EU trade mark expires the extent of that exclusive right may be affected by the finding — made following a counterclaim, or a defence as to the merits, lodged by the third party in infringement proceedings — that the proprietor has at that time not yet begun genuine use of his mark in respect of some or all of the goods and services for which it has been registered, it is, however, not apparent from the order for reference that that is the situation in this instance and that the referring court is seeking explanation in that regard.
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