(48) As regards the latter factor, the General Court held in paragraphs 80, 83 and 84 of the judgment under appeal that, although the ‘doughnuts’ element appears after the ‘bimbo’ element in the mark applied for, it is still capable of attracting the Spanish public’s attention, as it is longer and the consonant sequence ‘ghn’ is unusual in Spanish, and must therefore be taken into account when assessing the visual similarity between the signs at issue.
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