Judgment_paragraph 30 · Medion AG v Thomson multimedia Sales Germany & Austria GmbH (C-120/04)

30However, beyond the usual case where the average consumer perceives a mark as a whole, and notwithstanding that the overall impression may be dominated by one or more components of a composite mark, it is quite possible that in a particular case an earlier mark used by a third party in a composite sign including the name of the company of the third party still has an independent distinctive role in the composite sign, without necessarily constituting the dominant element.

Medion AG v Thomson multimedia Sales Germany & Austria GmbH (C-120/04)

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