Judgment_paragraph 13 · Wim De Waele v European Union Intellectual Property Office (T-15/05)

13In the alternative, the applicant submits that the shape claimed has distinctive character even if it must be considered that the target public is made up also of average consumers. He maintains that it is clear from the case-law that the average consumer is manifestly capable of perceiving the shape of the packaging of certain goods as an indication of their commercial origin, when that shape presents characteristics which are sufficient to attract his attention (Case T-305/02 Nestlé Waters France v OHIM (Shape of a bottle) [2003] ECR II-5207, paragraph 34, and Case T-393/02 Henkel v OHIM (Shape of a white and transparent bottle) [2004] ECR II-4115, paragraph 34). He refers in that regard to an opinion of a major author that the labelling does not play a conclusive or decisive role for consumers, since they are more aware of the shape of the goods.

Wim De Waele v European Union Intellectual Property Office (T-15/05)

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