There is no likelihood of confusion in the minds of average consumers in Italy between the figurative sign comprising, besides a chequered pattern, the word elements ‘canal’, ‘jean’, ‘co’ and ‘New York’, in respect of which registration as a Community trade mark is sought for ‘Clothing, footwear, headgear’ falling within Class 25 of the Nice Agreement, and the word mark CANALI, registered previously in Italy for goods and services in Classes 3, 6, 9, 14, 16, 18, 20, 25, 34 and 42, where, even though the goods covered by the mark applied for are identical to the goods designated by the earlier trade mark, the absence of visual, aural and conceptual similarity between the relevant signs is sufficient to preclude that likelihood in the minds of the relevant public, so that Article 8(1)(b) of Regulation No 40/94 does not apply.
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