Distinctive character – qualification trademark
• The decisive factor is not the classification of the sign as figurative, threedimensional or other, but the fact that the sign is indistinguishable from the appearance of the product designated.
Level of attentiveness public – list of goods
• As regards the level of attentiveness of the relevant public, it is to be observed that, when assessing the registrability of a sign, OHIM may take account only of the list of goods as it appears in the trade mark application, subject to any amendments thereto
Socks - low degree of attentiveness public
• articles of hosiery, which are not normally tried on prior to purchase.
Inherently distinctive character unsubstantiated
• there is nothing to suggest that any commercial success of the applicant would have been due to the fact that the orange colouring of the toes of the socks which it manufactures would have been perceived by the relevant public as being inherently distinctive.