65Second, the claim by the intervening association that the vertical juxtaposition of two blocks of colour, blue on the left and silver on the right, in approximately equal proportions constitutes the only systematic arrangement associating the colours in a predetermined and uniform way must be rejected. It has been made clear in paragraphs 54 to 60 above that, in the present case, the graphic representation of two juxtaposed colours accompanied by an indication in percentage terms of their respective proportions is insufficient for the purpose of determining the systematic arrangement of those colours. It must, moreover, be noted that the applicant’s applications for registration, filed on the basis of the acquired distinctiveness through use of the contested marks, were accompanied by evidence which reproduced those marks very differently in comparison to the vertical juxtaposition of the two colours shown in the graphic representation included in those applications.
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