37It must be noted that, first, the substitution of the list of goods in Class 30 covered by the earlier marks cannot be classified as either a linguistic error or an error of transcription since the Board of Appeal examined whether the goods at issue were identical or similar with regard to the initial list of goods covered by the earlier marks. Moreover, the corrigendum of 15 November 2018 did not remove all references relating to the initial list of goods from the contested decision. That is evidenced by the reference to goods such as tea in paragraph 20 of the contested decision, where the Board of Appeal states that infused tea may be used in the preparation of the goods covered by the mark applied for, and the reference to Annexes 7 and 8 in respect of chocolate and relating to the evidence provided by the applicant in order to demonstrate that the goods and services at issue are identical or similar.
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