46It should also be stated that, contrary to the assertions made by the applicant, the Board of Appeal was right to state in paragraph 38 of the contested decision, with reference to the evidence produced inter alia by the former proprietor himself, that he specifically was aware that the SIMCA mark enjoyed a reputation in relation to motor vehicles. Moreover, as can be seen from paragraph 25 of the contested decision, the Board of Appeal found that the extent of that reputation had been considerable in the past; that it could have diminished over the years, but that it still survived at the time when the contested decision was adopted, ‘in particular amongst persons who are familiar with vehicles marketed under the brand name “SIMCA”’.
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