39It is also settled case-law that, whether inherent or acquired through use, the distinctive character of a mark must be assessed in relation, on the one hand, to the goods or services covered by that mark and, on the other, to the presumed expectations within the trade circles concerned, that is to say, an average consumer of the category of goods or services in question, who is reasonably well-informed and reasonably observant and circumspect (Case C‑363/99 Koninklijke KPN Nederland EU:C:2004:86, paragraph 34 and the case-law cited, and Case C‑353/03 Nestlé EU:C:2005:432, paragraph 25).
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