31It should be borne in mind, as a preliminary point, that, according to Article 9(1) of Regulation No 207/2009, the substance of which is reproduced in Article 9(1) and (2) of Regulation 2017/1001, an EU trade mark confers on the proprietor the exclusive right to prevent all third parties from using in the course of trade any sign which is identical to that mark in relation to goods or services which are identical to those for which the mark is registered, or any sign where, because of its identity with, or similarity to, the EU trade mark and the identity or similarity of the goods or services covered by that mark and the sign, there exists a likelihood of confusion on the part of the public, or any sign which is identical or similar to the EU trade mark in relation to goods or services which are not similar to those for which that mark is registered, where the latter has a reputation in the European Union and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of that mark.
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