Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-254/09 P)

Judgment of 2 Sept 2010

law://eu/cjeu/2009/c-254-09/para_53@2026-11-12

53As regards the third part of the first ground of appeal, it should be noted, first, that, where there is no similarity between the earlier mark and the mark applied for, the reputation of or the well-known nature attaching to the earlier mark and the fact that the goods or services concerned are identical or similar are not sufficient for it to be found that there is a likelihood of confusion between the marks at issue (see, to that effect, Case C-106/03 P Vedial v OHIM [2004] ECR I-9573, paragraph 54; Case C-234/06 P Il Ponte Finanziaria v OHIM [2007] ECR I-7333, paragraphs 50 and 51; and the judgment of 11 December 2008 in Case C-57/08 P Gateway v OHIM, paragraphs 55 and 56).

Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-254/09 P)

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