Judgment_paragraph 80 · Asolo LTD v European Union Intellectual Property Office (T-150/17)

80As regards the application of Article 8(1) of Regulation No 207/2009, it should be noted that a very large number of alcoholic and non-alcoholic drinks are generally mixed, consumed, or indeed marketed together, either in the same establishments or as premixed alcoholic drinks. To consider that those goods should, for that reason alone, be described as similar, when they are not intended to be consumed in either the same circumstances, or in the same state of mind, or, as the case may be, by the same consumers, would put a large number of goods which can be described as ‘drinks’ into one and the same category for the purposes of the application of Article 8(1) of Regulation No 207/2009 (see, to that effect, judgment of 3 October 2012, Yilmaz v OHIM — Tequila Cuervo (TEQUILA MATADOR HECHO EN MEXICO), T‑584/10, EU:T:2012:518, paragraph 55 and the case-law cited).