19As is clear from the case-law, the trade marks covered by Article 7(1 )(b) of Regulation No 40/94 are in particular those which, from the point of view of the relevant public, are commonly used in trade for the presentation of the goods or services concerned or in connection with which there exists, at the very least, concrete evidence justifying the conclusion that they are capable of being used in that manner (Case T-323/00 SAT.1 v OHIM (SAT.2) [2002] ECR II-2839, paragraph 37). In addition, such trade marks do not enable the relevant public to repeat a purchasing experience, if it proves to be positive, or to avoid it, if it proves to be negative, on the occasion of a subsequent acquisition (Case T-79/00 Reive Zentral v OHIM (LITE) [2002] ECR II-704, paragraph 26).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.