32However, as the Court of First Instance rightly pointed out in paragraph 42 of the judgment in Case T-335/99 and in paragraph 40 of the judgment in Case T-336/99, the fact that a sign is, in general, capable of constituting a trade mark within the meaning of Article 4 of Regulation No 40/94 does not mean that the sign necessarily has distinctive character for the purposes of Article 7(1 )(b) of the regulation in relation to a specific product or service.
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