In pursuance of Article 1.1(a) of Royal Decree No. 929 of 21 June 1942, as replaced by Article 1 of Legislative Decree No. 198 of 19 March 1996, the owner of a registered trademark has the right to prevent third parties not having his consent from using a sign identical with or similar to his own trademark for goods or services which are identical with those in respect of which the trademark was registered. A likelihood of confusion is therefore presumed under the law in such cases as regards the use of a sign conflicting with the registered trademark - which is fully consistent with Article 16.1, second sentence of the TRIPS Agreement.
