29It thus stated, in paragraph 32 of the judgment under appeal that, ‘with more particular reference to the structure of the mark applied for, which is distinguished by the fact that the slice of lemon is plugged in the neck of the bottle, it is difficult to imagine other ways of combining those elements in a single three-dimensional form’, that ‘it represents the only way in which a drink can be decorated with a slice or a piece of lemon when the drink is consumed directly from the bottle’ and that, consequently, ‘the manner in which the elements of the composite mark in question are combined is not capable of giving it a distinctive character’.
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