75As regards the appellant’s argument that the General Court erred in law in finding that the surveys on the target public’s perception of the shape of the goods at issue were irrelevant, it must be observed that, unlike in the situation covered by Article 3(1)(b) of Directive 89/104 and Article 7(1)(b) of Regulation No 40/94, where the perception of the target public must be taken into account since it is essential in order to determine whether the sign filed for registration as a trade mark enables the goods or services concerned to be recognised as originating from a particular undertaking (see, to that effect, Case C-104/01 Libertel [2003] ECR I-3793, paragraph 62, and Koninklijke KPN Nederland, paragraph 34), such an obligation cannot be imposed in the context of paragraph 1(e) of those articles.
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