Likelihood of confusion is not excluded if an earlier mark has a weak distinctive character

Trade mark law - The assessment of the General Court that the weak distinctive character of the earlier national marks KOMPRESSOR PLUS and KOMPRESSOR could not affect the existence of a likelihood of confusion with the word element ‘compressor technology’ that BHS filed for registration as an EU Trademark is not vitiated by any error of law: distinctive character is only one factor among others involved in the assessment of likelihood of confusion, likelihood of confusion is not excluded if an earlier mark has a weak distinctive character, in opposition proceedings directed against the registration of an EU trade mark the validity of national trade marks may not be called into question which means that it is necessary to acknowledge a certain degree of distinctiveness of a national mark on which an opposition against the registration of an EU mark is based. 

IPPT20161108, CJEU, BSH v EUIPO

C-43/15 P - ECLI:EU:C:2016:837