33Furthermore, the first sentence of Article 5(1) of Directive 2008/95 and the first sentence of Article 9(1) of Regulation No 207/2009 confer on the proprietor of the registered trade mark an exclusive right, which, according to Article 5(1)(a) and (b) of that directive and Article 9(1)(a) and (b) of that regulation, entitles the proprietor to prevent all third parties from using, in the course of trade, without his consent, a sign identical to the mark in relation to the goods or services identical to those for which it has been registered of a sign which, because of its identity with, or similarity to, the trade mark and the identity or similarity of the goods or services covered by the trade mark and the sign, there exists a likelihood of confusion on the part of the public, a likelihood of confusion that includes the likelihood of association between the sign and the trade mark.
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