Judgment_paragraph 33 · Procter & Gamble Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-473/01 P, C-474/01 P)

33That distinctive character must be assessed, first, by reference to the products or services in respect of which registration has been applied for and, second, by reference to the perception of the relevant public, which consists of average consumers of the products or services in question, who are reasonably well informed and reasonably observant and circumspect (see, inter alia, Linde, paragraph 41, and Case C-363/99 Koninklijke KPN Nederland [2004] ECR I-1619, paragraph 34).