Judgment_paragraph 51 · Vitakraft-Werke Wührmann & Sohn Gmbh & Co. KG v European Union Intellectual Property Office (T-356/02)

51The requested sign consists, for a Spanish-speaking consumer, of a word composed of two elements, the first of which is the term ‘vita’ and the second the term ‘kraft’. The Board of Appeal rightly held that a consumer, perceiving a verbal sign, will break it down into elements which, for him, suggest a concrete meaning or which resemble words known to him. Thus the term ‘vita’ will be perceived, by a Spanishspeaking consumer, as alluding to words such as ‘vitality’ or ‘vital’ (‘vitalidad’ or ‘vital’ in Spanish). However, although the term ‘kraft’ means ‘strength’ in certain languages, including German, it has no concrete meaning in the Spanish language.

Vitakraft-Werke Wührmann & Sohn Gmbh & Co. KG v European Union Intellectual Property Office (T-356/02)

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