29In order to assess whether a depositor is acting in bad faith, it is necessary inter alia to examine whether he intends to use the mark applied for. In that context, it should be noted that the essential function of a trade mark is to ensure that the consumer or end-user can identify the origin of the product or service concerned by allowing him to distinguish that product or service from those of different origin, without any confusion (judgment of 11 June 2009 in Chocoladefabriken Lindt & Sprüngli, C‑529/07, EU:C:2009:361, paragraph 45).
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