Athinaïki Oikogeniaki Artopoiia v European Union Intellectual Property Office (T-35/04)

Judgment of 15 Mar 2006

law://eu/cjeu/2004/t-35-04/para_56@2026-11-13

56In addition, as regards the figurative elements of the dominant verbal element of the mark applied for, such as the slightly curved graphic of the word ‘ferró’, the Court considers that such graphic is hardly noticeable, and therefore in this case has no distinctive character. The same goes for the use of larger characters for the first and last letters of that word. The use of larger letters is not sufficient to create a marked difference compared to the other letters in the centre of that word, contrary to what the applicant claims. Finally, the accent over the final letter ‘o’ of the word ‘ferró’ is hardly visible and is not, anyway, a visual sign known to the average German consumer. In that regard, it must be recalled that the average consumer normally perceives a mark as a whole and does not proceed to analyse its various details (see, by analogy, Case C-342/97 Lloyd Schuhfabrik Meyer [1999] ECR I-3819, paragraph 25).

Athinaïki Oikogeniaki Artopoiia v European Union Intellectual Property Office (T-35/04)

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