39Concerning, in the second place, the examination of whether any unfair advantage has been taken of the distinctive character or reputation of the trade mark within the meaning of Article 9(1)(c) of Regulation No 207/2009, it is necessary to undertake a global assessment, taking into account all the factors relevant to the circumstances of the case, which include the strength of the mark’s reputation and the degree of distinctive character of the mark, the degree of similarity between the marks at issue and the nature and degree of proximity of the goods or services concerned. As regards the strength of the reputation and the degree of its distinctive character, the Court has already held that, the stronger that mark’s distinctive character and reputation are, the easier it will be to accept that detriment has been caused to it (see Case C-487/07 L’Oréal and Others [2009] ECR I-5185, paragraph 44).
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