164On the other hand, it should be noted that the intervener filed trade mark applications with EUIPO and authorities of Member States for the ANN TAYLOR sign or for similar signs prior to the filing of the marks at issue. It should be added that the intervener provided evidence showing awareness of his mark among certain professionals in the field of fashion in the United Kingdom and purchases of goods marketed under that mark by consumers in the European Union. That evidence indicates the development, by the intervener, of a commercial strategy for EU consumers, from which the applicant, in view of its own strategy, may benefit. They thus do not make it possible to call into question the Board of Appeal’s reasoning that the filing of the marks at issue is part of the same commercial strategy of association with the intervener’s ANN TAYLOR mark as that underlying the registration and use of the intervener’s Mexican marks, for which they aim to extend the protection.…
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