Judgment_paragraph 91 · PJ Hungary Szolgáltató kft (PJ Hungary kft) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-580/08)

91Consequently the PEPE mark has a certain repute, at least in relation to the Spanish section of the relevant public, and has therefore acquired a high level of distinctiveness. According to the case-law, although the earlier mark has no distinctive character by reason of its intrinsic qualities, it may have acquired one on account of its repute (see Case T-85/02 Díaz v OHIM - Granjas Castelló (CASTILLO) [2003] ECR II-4835, paragraphs 43 and 44, and judgment of 15 September 2009 in Case T-446/07 Royal Appliance International v OHIM — BSH Bosch und Siemens Hausgeräte (Centrixx), paragraph 58). In the present case, although ‘pepe’ is relatively common in Spain and, as such, has little distinctive character, the repute of the mark has enabled it to acquire a high level of distinctiveness. In addition, the repute of the PEPE mark was expressly acknowledged by the intervener in its statement in reply and acknowledged by OHIM in various decisions annexed to the application.

PJ Hungary Szolgáltató kft (PJ Hungary kft) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-580/08)

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