Judgment_paragraph 97 · Koninklijke KPN Nederland NV v Benelux-Merkenbureau (C-363/99)

97It is not necessary that the signs and indications composing the mark that are referred to in Article 3(1)(c) of the Directive actually be in use at the time of the application for registration in a way that is descriptive of goods or services such as those in relation to which the application is filed, or of characteristics of those goods or services. It is sufficient, as the wording of that provision itself indicates, that those signs and indications could be used for such purposes. A word must therefore be refused registration under that provision if at least one of its possible meanings designates a characteristic of the goods or services concerned (see to that effect, in relation to the identical provisions of Article 7(l)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), Case C-191/01 P OHIM v Wrigley [2003] ECR I-12447, paragraph 32).

Koninklijke KPN Nederland NV v Benelux-Merkenbureau (C-363/99)

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