Judgment_paragraph 70 · Roxtec AB v European Union Intellectual Property Office (T-261/18)

70First of all, as to the applicant’s argument that the combination of the colours black and blue is an essential characteristic of the contested sign on the ground that it has acquired distinctive character through use and dominates the visual impression produced by the mark, it is sufficient to note, first, that neither the distinctive character acquired through the use of a sign nor the distinctive character of one or more elements of a sign are relevant for the purposes of identifying its essential characteristics in the context of Article 7(1)(e)(ii) of Regulation 2017/1001, as demonstrated by paragraphs 59 to 61 above. Accordingly, the combination of the colours black and blue cannot be regarded as an essential characteristic on the grounds that it has acquired distinctive character through use.