To all, I, Andy Powell, am the registered proprietor of the WISHBONE ASH community trade mark, which was registered in 1998. Under Article 9 of the Community Trade Mark Regulation (Council Regulation 40/94) "a Community Trade Mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to prevent all third parties not having his consent from using in the course of trade (a) any sign which is identical with the Community trade mark in relation to goods or services which are identical with those for which the Community trade mark is registered; and (b) any sign where, because of its identity with or similarity to the Community trade mark and the identity or similarity of the goods or services covered by the Community trade mark and the sign, there exists a likelihood of confusion on the part of the public, the likelihood of confusion includes the likelihood of association between the sign and the trade mark.". In addition, Article 95(1) of the same Regulations provides that a community trade mark shall be treated as valid unless its validity is put in issue. As this is a purely legal matter, I have been advised not to exchange further words on this issue.

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For more information, contact Wishbone Ash at andypowell@wishboneash.com or PO Box 222, Georgetown, CT 06829, USA.

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