Case No. IP-2015-000152

66.Next I must consider whether the sign complained of is identical, or similar, to the Trade Mark. In order to assess similarity and identity of marks I must undertake an objective comparison of the sign and the Trade Mark in relation to three aspects: visual, aural and conceptual. For there to be identity, I must find an objective coincidence in all three elements. 67.The Claimants’ primary case is that sign complained of is identical to the Trade Mark. Its secondary position, if I am not satisfied of identity, is that the sign complained of and Trade Mark are similar.68.The Claimant relies on the case of