10 judgesC. Gulmann, M. Wathelet, V. Skouris (Presidents of Chambers), J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen, F. Macken, N. Colneric, C.W.A. Timmermans
21Trade mark rights constitute an essential element in the system of undistorted competition which the Treaty is intended to establish. In such a system, undertakings must be able to attract and retain customers by the quality of their products or services, which is made possible only by distinctive signs allowing them to be identified (see, inter cilia, Case C-349/95Loendersloot [1997] ECR I-6227, paragraph 22).