77If the question of the burden of proof in respect of genuine use of a mark in the context of revocation proceedings for non-use of that mark were a matter for the national law of the Member States, the consequence for proprietors of trade marks could be that protection would vary according to the legal system concerned, with the result that the objective of ‘the same protection under the legal systems of all the Member States’ set out in recital 10 of Directive 2008/95, where it is described as ‘fundamental’, would not be attained (see, by analogy, judgment of 19 June 2014, Oberbank and Others, C‑217/13 and C‑218/13, EU:C:2014:2012, paragraph 67 and the case-law cited).
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