Judgment_paragraph 13 · Giorgio Giorgis v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-474/12)

13The distinctive character of a trade mark must be assessed, first, by reference to the goods or services in respect of which registration has been sought and, second, by reference to the relevant public’s perception of the mark, the relevant public consisting of average consumers of those goods or services, who are reasonably well informed and reasonably observant and circumspect (see Joined Cases C-456/01 P and C-457/01 P Henkel v OHIM [2004] ECR I-5089, paragraph 35 and the case-law cited).