Judgment_paragraph 12 · Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-550/14)

12According to consistent case-law, the marks referred to in Article 7(1)(b) of Regulation No 207/2009 are those which are regarded as incapable of performing the essential function of a trade mark, namely that of identifying the commercial origin of the goods or services in question, thus enabling the consumer who acquired them to repeat the experience if it proves to be positive, or to avoid it if it proves to be negative, on the occasion of a subsequent acquisition (judgments of 20 May 2009 in CFCMCEE v OHIM (P@YWEB CARD and PAYWEB CARD), T‑405/07 and T‑406/07, ECR, EU:T:2009:164, paragraph 33, and of 21 January 2011 in BSH v OHIM (executive edition), T‑310/08, EU:T:2011:16, point 23).

Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-550/14)

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