140In the present case, first, the values conveyed by the element shared by the signs at issue — namely, the word element ‘darjeeling’, which refers to a tea marketed under the earlier trade marks, which have an exceptional reputation according to the hypothetical premiss on which the contested decision is based — are those of a sophisticated, exclusive, unique product. Second, given that the Board of Appeal’s analysis is based on the hypothetical premiss of an exceptional reputation, it is permissible to presume that a large part of the public concerned will be aware that the region of the same name from which that product originates is located in India. Thus, the word element ‘darjeeling’ is likely to evoke images of exoticism, sensuality and mystery which are connected, in the mind of the relevant public, with the representation of the Orient.
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