70As regards the third part of that ground of appeal, it must be noted that, if a mark does not ab initio have distinctive character within the meaning of Article 7(1)(b) of Regulation No 40/94, Article 7(3) provides that it may acquire such character in relation to the goods or services claimed as a result of its use. Such distinctive character may be acquired, inter alia, after the normal process of familiarising the relevant public has taken place (Case C-104/01 Libertel [2003] ECR I-3793, paragraph 67, and Mag Instrument v OHIM, paragraph 47).
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