Judgment_paragraph 38 · Cargo Partner AG v European Union Intellectual Property Office (T-123/04)

38The applicant states that, according to the judgment in Case C-383/99 P Procter & Gamble v OHIM [2001] ECR I-6251, any perceptible difference between the terms of a word sign submitted for registration and the terms used in the common parlance of the relevant class of consumers to designate the goods or services or their essential characteristics is apt to confer distinctive character on that sign, enabling it to be registered as a Community trade mark. The applicant adds that, where a combination of two words gives rise, by itself, at least by association or allusion, to a number of meanings, the sign is deprived of any descriptive function (Case T-193/99 Wrigley v OHIM (DOUBLEMINT) [2001] ECR II-417). When, moreover, a combination of words allows room for the sign to have a suggestive effect, that suffices to confer on it a distinctive character. The applicant relies in this regard on the judgment in Case T-87/00 Bank für Arbeit und Wirtschaft v OHIM (EASYBANK) [2001] ECR II-1259.

Cargo Partner AG v European Union Intellectual Property Office (T-123/04)

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