Bitburger Brauerei Th. Simon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-351/04, T-352/04, T-350/04)

Judgment of 19 Oct 2006

law://eu/cjeu/2004/t-350-04/para_68@2026-11-15

68It must also be noted that the goods in question are usually subject to widespread distribution, from the food section of a department store to bars and cafes (see, to that effect, for classes of goods including beer, Case T-33/03 Osotspa v OHIM — Distribution & Marketing (Hai) [2005] ECR II-763, paragraph 44). In those circumstances, the target public is the average consumer, who is deemed to be reasonably well informed and reasonably observant and circumspect (see, in a case also concerning beer, MYSTERY, cited in paragraph 43 above, paragraphs 32 and 37, and, in a case concerning alcoholic beverages, Case T-296/02 Lidl-Stiftung v OHIM — REWE-Zentral (LINDENHOF) [2005] ECR II-563, paragraph 45).

Bitburger Brauerei Th. Simon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-351/04, T-352/04, T-350/04)

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