32It follows from section 5(4) of the Trade Marks Act 1994, as interpreted by the national courts, that the applicant must establish, in accordance with the legal rules governing actions for passing off, as laid down by the laws of the United Kingdom, that three conditions are satisfied: the goodwill acquired, misrepresentation and damage caused to that goodwill (judgment of 18 January 2012 in Tilda Riceland Private v OHIM — Siam Grains (BASmALI), T‑304/09, ECR, EU:T:2012:13, paragraph 19).
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