I. Introduction The basic legal requirements for determining likelihood of confusion under the Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (“CTMR”)1 are laid down in Article 8(1)(b), and also in the 7th recital to that Regulation. According to Article 8(1)(b) CTMR, upon opposition by the proprietor of an earlier trade mark, the trade mark applied for shall not be registered, “if because of its identity with or simi