Judgment_paragraph 19 · Eurocermex SA v European Union Intellectual Property Office (T-399/02)

19A trade mark's distinctiveness must be assessed by reference to, first, the goods or services in respect of which registration is sought and, second, the perception of the relevant classes of person, who are, generally speaking, the consumers of those goods or services (Linde and Others, cited in paragraph 17 above, paragraph 41). That means the presumed expectations of an average consumer of the category of goods or services in question, who is reasonably well informed and reasonably observant and circumspect (see, by way of analogy, Case C-210/96 Gut Springenheide and Tusky [1998] ECR I-4657, paragraph 31, and Philips, cited in paragraph 17 above, paragraph 63).

Eurocermex SA v European Union Intellectual Property Office (T-399/02)

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