22It is true that Article 16(b) of Regulation No 110/2008 does not expressly refer to the concept of ‘consumer’. However, it follows from the case-law referred to in the previous paragraph that, for the purpose of finding the existence of an ‘evocation’ within the meaning of that provision, the Court has ruled that it is for the national court to verify, in addition to the inclusion of part of a protected name in the term used to designate the product at issue, that when the consumer is confronted with the name of the product, the image triggered in his mind is that of the product whose designation is protected. Therefore, the national court must essentially rely on the presumed reaction of consumers in the light of the term used to designate the product at issue, it being essential that those consumers establish a link between that term and the protected name.
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