35Second, it must be observed that Article 7(1)(b) of Regulation No 40/94 makes no distinction between different categories of mark. Accordingly, it is not appropriate to apply more stringent criteria when assessing the distinctiveness of three-dimensional marks comprising the shape of the goods themselves or, as in the present case, the shape of the packaging of those goods than in the case of other categories of mark (see, to that effect, T-88/00 Mag Instrument v OHIM (Torch shape) [2002] ECR II-467, paragraph 32).
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