38No evidence has been place on the file to suggest that the earlier marks designated a specific colour when they were registered and the applicant confirmed that at the hearing. In that regard, the fact that a mark is registered in colour or, on the contrary, does not designate any specific colour cannot be regarded as a wholly negligible element in the eyes of consumers (see, to that effect, Case C‑252/12 Specsavers International Healthcare and Others [2013] ECR, paragraph 37; see also, to that effect, judgment of 17 January 2012 in Case T‑522/10 Hell Energy Magyarország v OHIM — Hansa Mineralbrunnen (HELL), not published in the ECR, paragraphs 49 and 50, and judgment of 24 January 2012 in Case T-593/10 El Corte Inglés v OHIM - Ruan (B), not published in the ECR, paragraph 29). It must also be borne in mind that the comparison must be made between the signs as they were registered or as they appear in the application for registration (Case T-29/04 Castellblanch v OHIM - Champagne Roederer (CRISTAL CASTELLBLANCH) [2005] ECR II-5309, paragraph 57).
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