Judgment_paragraph 70 · Xentral LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-134/06)

70The finding of a weak distinctive character for the earlier trade mark does not prevent a finding that there is a likelihood of confusion in the present case. Although the distinctive character of the earlier mark must be taken into account when assessing the likelihood of confusion (see, by analogy, Case C-39/97 Canon [1998] ECR I-5507, paragraph 24), it is only one factor among others involved in that assessment. Thus, even in a case involving an earlier mark of weak distinctive character, there may be a likelihood of confusion on account, in particular, of a similarity between the signs and between the goods or services covered (see, to that effect, Case T-112/03 L'Oréal v OHIM — Revlon (FLEXI AIR) [2005] ECR II-949, paragraph 61).

Xentral LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-134/06)

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