8-5-7 Focus on RESPECT

1. Almost all absolute grounds for refusal, and in particular the most pertinent ones of lack of distinctiveness, descriptiveness, genericness and deceptiveness, have to be assessed the goods and services actually claimed.

2. The sign must be refused if it is descriptive in any of the official languages of the European Union, regardless of the size or population of the country.

3. Although the Court has held that the goods and services applied for are important for identifying the relevant public whose perception needs to be examined, it has also made it clear that the relevant public is not necessarily only that which buys the goods and services covered by the mark, since a broader public than just the consumers targeted may encounter the mark (judgment of 05/10/2011, T-526/09, ‘Paki’, paras 17 and 18 ).

4. According to settled case-law, distinctiveness can be assessed only by reference first to the goods or services which registration is sought and, second, to the relevant public’s perception of that sign

5. The term ‘average consumer’ must not be used as a synonym of ‘general public’ as it can refer to both, professional and general public. , in cases concerning the likelihood of confusion, the Court normally distinguishes between the general public (or public at large), and a professional or specialised public (or business customers), based on the goods and services in question.

6. As a general rule any initial request for an extension that is received in time will always be granted, the explanation given by the party requesting it.