Judgment_paragraph 66 · The Coca-Cola Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-411/14)

66Under Article 7(3) of Regulation No 207/2009, the absolute grounds for refusal referred to in Article 7(1)(b), (c) and (d) of that regulation do not preclude the registration of a trade mark if it has become distinctive in relation to the goods or services for which registration is requested in consequence of the use which has been made of it. In the circumstances referred to in Article 7(3) of Regulation No 207/2009, the fact that the sign which constitutes the mark in question is actually perceived by the relevant section of the public as an indication of the commercial origin of goods or services is the result of the economic effort made by the trade mark applicant. That fact justifies putting aside the public-interest considerations underlying Article 7(1)(b), (c) and (d), which require that the marks referred to in those provisions may be freely used by all in order to avoid conceding an unjustified competitive advantage to a single trader (judgment of 21 April 2010 in Schunk v OHIM (Presentation of part of a chuck), T‑7/09, EU:T:2010:153, paragraph 38, and 22 March 2013 in Bottega Veneta International v OHIM (Shape of a handbag), T‑409/10, EU:T:2013:148, paragraph 74).

The Coca-Cola Company v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (T-411/14)

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