“…Identity of mark and sign. In Case C-291/00 LTJ Diffusion SA v Sadas Vertbaudet SA [2003] ECR I-2799 the CJEU ruled that Article 5(1)(a) of Directive 89/104 “must be interpreted as meaning that a sign is…”
“…unsel for Bentley Motors in closing submissions. She did submit, however, that “[t]he reason for the strict test” of identity of signs laid down by the CJEU in Case C-291/00 LTJ Diffusion SA v Sadas [2003] ECR I-2799 “is the advantage to the proprietor that they do not have to prove a likelihood of confusion because it is assumed”.…”