1. 

Appeal — Grounds — Error of law — Inapplicability of the criteria identified as being legally relevant by the EU judicature in the context of its interpretation of Article 8(1)(b) of Regulation No 40/94 (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Council Regulation No 40/94, Art. 8(1)(b)) (see para. 31)

2. 

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Likelihood of association — Earlier trade marks with characteristics enabling them to be regarded as part of the same ‘series’ or ‘family’ — Conditions (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 32)

3. 

Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Criteria for assessment (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 33, 37)

1. 

Dismisses the appeal;

2. 

Orders Debonair Trading Internacional Lda to pay the costs.