Georg Neumann GmbH v European Union Intellectual Property Office (T-358/04)

Judgment of 12 Sept 2007

law://eu/cjeu/2004/t-358-04/para_64@2026-11-13

64Further, as regards the evidence intended to demonstrate the excellent design of the shape at issue, it must be recalled that the fact that goods benefit from a high quality of design does not necessarily mean that a mark consisting of the three-dimensional shape of those goods enables ab initio those goods to be distinguished from those of other undertakings for the purposes of Article 7(1)(b) of Regulation No 40/94 (Case C-136/02 P Mag Instrument v OHIM, paragraph 68). Consequently, the Board of Appeal was entitled to hold that it was possible that consumers would regard the design of the mark applied for as aesthetic, but that it was unlikely that they would see in it a reference to the origin of the products (paragraph 25 of the contested decision).

Georg Neumann GmbH v European Union Intellectual Property Office (T-358/04)

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