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While the specialty principle does not apply to designs, copyrights and drawings, several recent decisions of the OHIM recall that the informed user is identified, according to the class of products mentioned in the application.

 

This approach is particularly important when a design is contested on the basis of a prior trademark or, more generally when the case is about appraising the similarity of two designs or models, from the point of view of a user – whether a technician or not, child or adult.

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