Judgment_paragraph 22 · Eurocermex SA v European Union Intellectual Property Office (C-286/04 P)

22As the Court has consistently held, and as the Court of First Instance indeed recalled in paragraph 25 of the judgment under appeal, the average consumer normally perceives a mark as a whole and does not proceed to analyse its various details. Thus, in order to assess whether or not a trade mark has any distinctive character, the overall impression given by it must be considered (see, inter alia, Joined Cases C-468/01 P to C-472/01 P Procter & Gamble v OHIM [2004] ECR I-5141, paragraph 44, and Case C-136/02 P Mag Instrument v OHIM [2004] ECR I-9165, paragraph 20).