(b)
the use of the trade mark in relation to those goods or services did not infringe, or would not have infringed, the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.
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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as consolidated on 2025-12-01; changes after this date are not shown.