Both OHIM and the GC rejected the opposition on the grounds that the signs are too dissimilar. The Opponent's arguments that the signs would share a conceptual similarity due to the elements "free" and "revolution" being highly evocative to the French revolution for the French consumer, were rejected. The visual and aural differences are sufficient to avoid any risk of confusion for the relevant public. Since the first of the three cumulative conditions, about the similarities of the sign is not present, Article 8(5) ground was not taken into account at all.