53Therefore, since the absolute ground for refusal under Article 7(1)(e)(ii) of Regulation 2017/1001 constitutes a preliminary obstacle that is liable to prevent a sign consisting exclusively of a shape of a product from being registered, it is clear that it cannot be assessed under the same rules as those applicable in the assessment of distinctive elements, the purpose of which is to ascertain whether the sign serves as an indication of origin of the product in the eyes of the consumer, which is not the same as determining the essential elements of a shape.
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