20However, a sign which fulfils functions other than that of a trade mark is only distinctive for the purposes of Article 7(1 )(b) of Regulation No 40/94 if it may be perceived immediately as an indication of the commercial origin of the goods or services in question, so as to enable the relevant public to distinguish, without any possibility of confusion, the goods or services of the owner of the mark from those of a different commercial origin.
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