52First, as regards the similarity of the goods, riha WeserGold Getränke complains that, in paragraph 35 of the judgment under appeal, the General Court rejected additional evidence that riha WeserGold Getränke had submitted with a view to proving that many manufacturers of spirits also manufacture non-alcoholic beverages and that many manufacturers of juices also manufacture alcoholic beverages. riha WeserGold Getränke submits that the General Court also disregarded the fact that mixed beverages are treated as spirits in accordance with Article 2 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p. 16) and that, accordingly, those beverages should have been compared to the non-alcoholic beverages covered by the earlier marks.
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