61It was on the basis of that case-law that the General Court came to the conclusion, at paragraph 69 of the judgment under appeal, that the mark for which registration is sought must have acquired distinctive character through use throughout the European Union. That conclusion is not vitiated by any error of law in so far as, as is apparent from paragraphs 51 and 68 of the judgment under appeal read together, the appellant has failed to establish that the mark has inherent distinctive character and that that was the case throughout the European Union. For that reason, the Court of Justice cannot uphold the appellant’s argument, and the statistics furnished in support of its argument, that the mark for which registration is sought has inherent distinctive character in 15 Member States and that, therefore, in those States, the acquisition by it of distinctive character through use does not have to be shown.
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