34It should also be observed that the way in which the relevant public concerned perceives trade marks is influenced by its level of attention, which is likely to vary according to the category of goods or services in question (Lloyd Schuhfabrik Meyer, paragraph 26). In the present case, it is common ground that the operators on the market of the goods concerned, which is highly competitive, are all faced with the technical necessity of packaging for the marketing of those goods and subject to the need for them to be labelled. In such a context, certain operators have for several years sought in the shape of the packaging the means to differentiate their goods from those of the competition and to attract the public's attention. It thus appears that the average consumer is quite capable of perceiving the shape of the packaging of the goods concerned as an indication of their commercial origin, in so far as that shape presents characteristics which are sufficient to hold his attention.
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