This article tries to shed light on an important area of trade mark law in connection with a decision recently handed down by the European Court of First Instance (the “CFI”), more specifically with respect to the complex question of similarity between marks and confusion of the public. This question is naturally an issue of fact and evidence and is – to a large extent – imbued with subjectivity. Therefore, new cases brought before the courts always have to be assessed afresh, taking all the surrounding circumstances into consideration, and the outcome can at times be surprising, even for experienced trade mark lawyers.

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