Court of Justice 2 April 1998, C-39/97 (Canon Kabushiki Kaisha v Metro-Goldwyn-Mayer Inc., formerly Pathe Communications Corporation.)

Opinion of the Advocate-General Opinion of the Advocate-General 1 Article 4(1)(b) of the Trade Marks Directive (1) prohibits the registration of a trade mark if `because of its identity with, or similarity to, [an] earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public, which includes