Judgment_paragraph 61 · BSH Bosch und Siemens Hausgeräte GmbH v European Union Intellectual Property Office (C-43/15 P)

61Indeed, the Court of Justice, rejecting a line of argument similar to that advanced by BSH in the second plea, has already held on a number of occasions that, although the distinctive character of an earlier mark must be taken into account when assessing the likelihood of confusion globally, it is, however, only one factor among others involved in that assessment (see, in particular, orders of 29 November 2012, Hrbek v OHIM, C‑42/12 P, not published, EU:C:2012:765, paragraph 61, and of 2 October 2014, Przedsiębiorstwo Handlowe Medox Lepiarz v OHIM, C‑91/14 P, not published, EU:C:2014:2261, paragraph 22).