37It is only where it has particular difficulty in appraising the misleading nature of the brand name that, in the absence of any Community provision on the matter, the national court must assess whether it is necessary, under the conditions laid down by its national law, to decide upon measures of inquiry such as an expert's report or a consumer research poll as guidance for its judgment (see Gut Springenheide and Tusky, cited above, paragraphs 35 to 37) and, where appropriate, adopt interim measures.
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