Judgment_paragraph 62 · BIC SA v European Union Intellectual Property Office (T-262/04)

62Secondly, in order to have the registration of a mark accepted under Article 7(3) of Regulation No 40/94, the distinctive character acquired in consequence of the use of that mark must be demonstrated in the substantial part of the Community where it was devoid of any such character under Article 7(1)(b), (c) and (d) of that regulation (Shape of a beer bottle, cited in paragraph 61 above, paragraph 43, and Case T-237/01 Alcon v OHIM — Dr. Robert Winzer Pharma (BSS) [2003] ECR II-411, paragraph 52; see also, to that effect, Case T-91/99 Ford Motor v OHIM (OPTIONS) [2000] ECR II-1925, paragraphs 26 and 27).

BIC SA v European Union Intellectual Property Office (T-262/04)

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