Judgment_paragraph 35 · Vitakraft-Werke Wührmann & Sohn Gmbh & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-277/04)

35In order to assess whether a mark has a highly distinctive character as a result of the public's recognition of it, all the relevant facts of the case must be taken into consideration, in particular the market share held by the mark; how intensive, geographically widespread and long-standing use of the mark has been; the amount invested by the undertaking in promoting the mark; the proportion of the relevant section of the public which, because of the mark, identifies the goods or services as originating from a particular undertaking; and statements from chambers of commerce and industry or other trade and professional associations (see, by analogy, Windsurfing Chiemsee, paragraph 51, and Lloyd Schuhfabrik Meyer, paragraph 23, and, to that effect and by analogy, Case C-375/97 General Motors [1999] ECR I-5421, paragraphs 26 and 27).

Vitakraft-Werke Wührmann & Sohn Gmbh & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-277/04)

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