Judgment_paragraph 42 · IVG Immobilien AG v European Union Intellectual Property Office (T-441/05)

42It was therefore appropriate in the present case to examine, in the context of a specific examination of the potential capacity of the sign proposed for registration, whether there appeared to be no possibility that that sign may be capable of distinguishing, in the eyes of the public to which it is addressed, the goods or services referred to from those of a different origin (EASYBANK, cited in paragraph 17 above, paragraph 40), since a minimum degree of distinctiveness is sufficient to prevent application of the absolute ground for refusal provided for in Article 7(1)(b) of Regulation No 40/94 (Torch shape, cited in paragraph 17 above, paragraph 34).

IVG Immobilien AG v European Union Intellectual Property Office (T-441/05)

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