"Roses" and "fruits and garden herbs" found to be different, despite falling within the same class

In Hernández Zamora SA v EUIPO, the General Court has confirmed that there was no likelihood of confusion between the word mark PALOMA for "roses and rose plants; propagation material of roses" in Class 31 and the earlier figurative mark PALOMA for "fruits, garden herbs, fresh”, also in Class 31. The judgment provides a clear example of how goods may fall within the same class and yet be different.