ECJ decision addresses degrees of similarity

In El Corte Inglés SA v Office for Harmonisation in the Internal Market, the European Court of Justice set aside an EU General Court judgment insofar as it held that, since the degree of similarity between the signs at issue did not suffice to result in the application of Article 8(1)(b) of the EU Community Trademark Regulation, the conditions for the application of Article 8(5) were therefore also not satisfied.