OHIM is not obliged to extend the examination of the distinctive character from the applied trademark to other uses than those considered to be the most likely

Trade Mark Law. Court of First Instance made no error in law by ruling that the mark applied for does not deviate from the standard or from what is customary in the footwear industry and therefore has no distinctive character in relation to orthopedic footwear. OHIM is not obliged to extend the examination of the distinctive character from the applied trademark to other uses than those considered to be the most likely.

IPPT20120426, CJEU, Deichmann v OHIM

C-307/11 P - ECLI:EU:C:2012:254