22In determining the distinctive character of a mark and, accordingly, in assessing whether it is highly distinctive, the national court must make an overall assessment of the greater or lesser capacity of the mark to identify the goods or services for which it has been registered as coming from a particular undertaking, and thus to distinguish those goods or services from those of other undertakings (see, to that effect, judgment of 4 May 1999 in Joined Cases Ç-108/97 and C-109/97 Windsurfing Chiemsee ν Huber and Attenberger [1999] ECR I-2779, paragraph 49).
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