71The Board of Appeal was therefore correct to consider that, in order to challenge the application for a declaration of invalidity based on a likelihood of confusion, the applicant ought to have proved — which it failed to do — not only the coexistence of the trade marks but also that that coexistence was attributable to the absence of a likelihood of confusion, and to have done so by adducing evidence such as opinion polls, declarations of consumers’ associations or other evidence.
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