Judgment_paragraph 44 · Australian Gold LLC v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-611/13)

44According to settled case-law, the finding of the descriptive character of a mark applies not only to goods for which it is directly descriptive, but also to the more general category to which those goods belong in the absence of a suitable restriction of the trade mark by the applicant (judgments of 7 June 2001 in DKV v OHIM (EuroHealth), T‑359/99, ECR, EU:T:2001:151, paragraph 33, and 15 September 2009 in Wella v OHIM (TAME IT), T‑471/07, ECR, EU:T:2009:328, paragraph 18).