In Case R 182/2009-2 Caves Arcos do Rei, Lda v Bodegas Hidalgo - La Gitana, S.A., Second Board of Appeal, 1 July 2010, the OHIM Board dismissed the applicant's appeal against a successful opposition brought by the owner of the earlier GITANA mark against the application to register La Quitana -- both being for alcoholic beverages other than beer. The respective goods being identical and the marks being only moderately similar (no conceptual similarity and only medium visual and aural similarity), the Board was impressed by the degree of noise which consumers might encounter when trying to order one or other of the brands as well as the nature of the glasses in which such drinks might be supplied:

"34 ... the Board of Appeal upholds the finding that there exists a likelihood of confusion on the part of the relevant public as to the commercial origin of the goods bearing the conflicting trade marks.

35 This conclusion is reinforced by the circumstance that a substantial part of the purchase of the goods in question (alcoholic beverages except beers) is ordered in a noisy atmosphere, such as in bars and restaurants, where the slight differences in the sounds of the trade marks would be scarcely noticed. In such places, orders are made orally and it is only sometimes possible to consult a spirits list before ordering. Furthermore, in a substantial number of cases, alcoholic beverages (unlike beers) are served directly in anonymous glasses, without the possibility for consumers to see the bottles from which they are served."