||All England Reporter
|| All ER (D) 338 (Nov)
||Court of First Instance of the European Communities
Judges Legal (President), Lindh and Vadapalas
||24 November 2005
European community - Trade marks - 'Likelihood of confusion' - Evidence of use of earlier trade mark - Opposition proceedings - Evidence of use adduced by opposing party relating to mark similar to earlier mark relied on - Whether likelihood of confusion existing between marks at issue - Whether evidence establishing use of earlier registered mark - Council Regulation (EC) 40/94, arts 8(1)(b), 15(2)(a), 43(2).
The differences between the form of a trade mark used and the form of that trade mark that had been registered did not alter the distinctive character of that trade mark such that evidence of the use of the former went to proving use of the latter for the purposes of arts15(2)(a), and 43(2) of Council Regulation (EC)40-94 on the Community trade mark. Furthermore, there was, in all the circumstances, a likelihood of confusion between that earlier trade mark and the applicant's mark for which it sought registration.
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