Judgment_paragraph 43 · Freixenet, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (C-344/10 P, C-345/10 P)

43That distinctive character must be assessed, first, by reference to the goods or services in respect of which registration is sought and, second, by reference to the perception of the relevant public (see, in particular, Henkel v OHIM, paragraph 35; Case C-25/05 P Storck v OHIM [2006] ECR I-5719, paragraph 25, and Develey v OHIM, paragraph 79).