Judgment_paragraph 47 · Companhia Muller de Bebidas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-472/08)

47For the purpose of assessing the distinctive character of an element of a mark, an assessment must be made of the greater or lesser capacity of that element to identify the goods for which the mark was registered as coming from a particular undertaking, and thus to distinguish those goods from those of other undertakings. In making that assessment, it is necessary to take into account, in particular, the inherent characteristics of that element and to ask whether it is at all descriptive of the goods for which the mark has been registered (see Case T-153/03 Inex v OHIM - Wiseman (Representation of a cowhide) [2006] ECR II-1677, paragraph 35 and the case-law cited, and the judgment of 13 December 2007 in Case T-242/06 Cabrera Sánchez v OHIM — Industrias Cárnicas Valle (el charcutero artesano), not published in the ECR, paragraph 51).

Companhia Muller de Bebidas v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-472/08)

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