25It is true, according to that Government, that the legal principles to be applied in assessing the distinctive character of a trade mark are the same for all categories of mark. The fact remains however that the manner in which those principles are applied must take account of the context and in particular of the nature of the trade mark concerned, as shown by the case-law concerning three-dimensional marks comprising the shape of the product (Case T-119/00 Procter & Gamble v OHIM (Square white tablet with yellow and blue speckles) [2001] ECR II-2761, paragraphs 53 to 55, Case T-88/00 Mag Instrument v OHIM [2002] ECR II-467, paragraphs 33 to 35, and point 12 of the Opinion of Advocate General Ruiz-Jarabo Colomer in Joined Cases C-53/01 to C-55/01 Linde and Others [2003] ECR I-3161).
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