Judgment_paragraph 37 · Eurocool Logistik GmbH v European Union Intellectual Property Office (T-34/00)

37The signs referred to in Article 7(1 )(b) of Regulation No 40/94 are signs which are regarded as incapable of performing the essential function of a trade mark, namely that of identifying the commercial origin of the goods or services, thus enabling the consumer who acquired them to repeat the experience if it proves to be positive, or to avoid it if it proves to be negative, on the occasion of a subsequent acquisition.