63In addition, during the hearing, the applicant made available to the Court several examples of the calculator that it claims to market and on which was inscribed the earlier non-registered trade mark. However, without having to rule on the probative value of that evidence as regards the existence, validity and scope of the protection of the earlier non-registered trade mark, it is sufficient, for the purposes of rejecting such evidence, to find that such evidence has been submitted out of time. First, as is explained in paragraphs 38 to 51 of this judgment, that evidence should have been submitted during the proceedings before the Opposition Division of EUIPO. Second, in any event, under Article 85(1) of the Rules of Procedure, evidence produced or offered is to be submitted in the first exchange of pleadings. Pursuant to Article 85(3) of those rules, the main parties may, exceptionally, produce or offer further evidence before the oral part of the procedure is closed or before the Court’s decision to rule without an oral part of the procedure, provided that the delay in the submission of such evidence is justified. In that respect, the submission of the aforementioned evidence during the hearing occurred out of time for the purpose of those provisions. Since the applicant has not justified the submissions of such evidence out of time, it should be rejected as inadmissible, pursuant to Article 85(1) and (3) of the Rules of Procedure.