Judgment_paragraph 78 · Heinrich Kreyenberg v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-3/12)

78Therefore such protection applies where the trade mark in question misleads consumers as to the origin of the goods or services which it designates, leading them to believe that the goods or services originate from the authority to which the emblem, a reproduction or imitation of which they contain, refers. But the protection must also apply where the public may believe that, because of the presence in the trade mark of such reproduction or imitation, the goods or services have the approval or warranty of the authority to which the emblem refers or that they are connected in some other way with that authority (see, by analogy, EUROPEAN DRIVESHAFT SERVICES, paragraph 29 above, paragraph 61).