51In any event, as to the question whether the trade mark applied for has reached the distinctiveness threshold, it must be pointed out that the findings in relation to the attentiveness, the perception and the attitude of the relevant public concern appraisals of fact (see, to that effect, Case C-144/06 P Henkel v OHIM [2007] ECR I-8109, paragraph 51; orders of 9 July 2010 in Case C-461/09 P The Wellcome Foundation v OHIM, paragraph 20, and in Case C-87/11 P Fidelio v OHIM, paragraph 66).
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