40Therefore it must be concluded that the protection conferred upon the emblems referred to in Article 7(1)(i) of Regulation No 207/2009 is intended to apply only where the condition set out at paragraph 38 is fulfilled, that is to say, where, taken as a whole, the trade mark containing the emblem is likely to mislead the public as to the connection between, on the one hand, its proprietor or user and, on the other, the authority to which the emblem in question relates.
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