Judgment_paragraph 30 · BioID AG, en liquidation v European Union Intellectual Property Office (C-37/03 P)

30In SAT.1 v OHIM, cited above, concerning an application for a Community trade mark in respect of the term SAT.2, the Court set aside the judgment of the Court of First Instance in Case T-323/00 SAT.1 v OHIM (SAT.2) [2002] ECR II-2839, on the ground that, in order to justify refusal of registration of that term, that Court had based itself on the presumption that elements individually devoid of distinctive character cannot, on being combined, present such a character. The Court of First Instance had thus examined the impression as a whole produced by that term only as a secondary matter, refusing to attribute any relevance to aspects such as the existence of a fanciful element, which ought to be taken into account in such an analysis.