22As regards the relevant facts and circumstances for assessing that perception, it should be pointed out that the applicant for a trade mark is not required to indicate or even to know precisely, on the date on which his application for registration of a mark is filed or of the examination of that application, the use he will make of the mark applied for, if registered. Even following registration of the mark, he has a period of 5 years for beginning actual use consistent with the essential function of a trade mark (judgment of 15 January 2009, Silberquelle, C‑495/07, EU:C:2009:10, paragraphs 3 and 17 and the case-law cited; see also, with regard to Council Regulation (EC) No 207/2009 of 26 February 2009 on the [European Union] trade mark (OJ 2009 L 78, p. 1), judgment of 21 December 2016, Länsförsäkringar, C‑654/15, EU:C:2016:998, paragraph 26).
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