85It follows that, contrary to what the applicant claims, the fact that the Spanish Patents and Trade Marks Office allowed the registration of the applicants two aforementioned earlier marks and of the intervener's earlier mark has no bearing on the issue as to whether there is likelihood of confusion, within the meaning of Regulation No 40/94, between the marks at issue. In particular, the applicant cannot rely on the fact that at the time it did not oppose the registration of the intervener's earlier mark in Spain, basing any opposition on its own earlier marks. That fact does not mean that any likelihood of confusion between the marks at issue is dispelled.
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