On July 31, 2007, the OHIM ruled that the public could believe that a stylist named Sarah CHOLE had designed a fashion collection for the mark BAD GIRLS. At least, consumers could perceive the clothes of each mark as originating from the same company and as a development of the BAD GIRLS trademark. This decision shows the impact of the market policy on OHIM similarity assessment. The similarity of the signs is rather based on the usual marketing practice of clothing products than on real overall similarity.
