Judgment_paragraph 54 · Ella Valley Vineyards (Adulam) Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-32/10)

54As far as concerns the similarity of the conflicting signs is concerned, it must also be observed that, as regards the decisions of the national courts produced by the intervener in support of its argument on the similarity existing between ‘elle’ and ‘ella’, it is clear from settled case-law that, although, in the interpretation of European Union law, neither of the parties nor the Court can be prevented from drawing on elements taken from national case-law (see, judgment of 13 July 2011 in Case T-499/09 Evonik Industries v OHIM (Representation of a purple rectangle with a rounded right side), not published in the ECR, paragraph 42 and the case-law cited), it does not however bind the courts of the European Union, since the Community trade mark system is an autonomous system whose application is independent of all national systems (Case T-32/00 Messe München v OHIM (electronica) [2000] ECR II-3829, paragraph 47, and judgment of 12 July 2006 in Case T-97/05 Rossi v OHIM — Marcorossi (MARCOROSSI), not published in the ECR, paragraph 53).

Ella Valley Vineyards (Adulam) Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-32/10)

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