Judgment_paragraph 31 · Nute Partecipazioni SpA and La Perla Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-59/08)

31In order to benefit from the protection introduced by Article 8(5) of Regulation No 40/94, the proprietor of the earlier mark must adduce proof that the use of the later mark ‘would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier mark’ (see, by analogy, Intel Corporation, paragraph 37).

Nute Partecipazioni SpA and La Perla Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-59/08)

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