The action is directed against a decision of the 4th Board of 27.9.2007 in R 1415/2006-4 relating to CTM application 4346185 (Brezelform; figurative mark). It had been applied for for a range of goods and services in Classes 29, 30 and 43.



It had been rejected under Article 7(1)(b) CTMR on the grounds that the sign at issue is devoid of distinctiveness because it does not consist of more than the ordinary shape of a pretzel. The attentiveness of consumers when buying foodstuffs is not very advanced or high. Even in relation to meat products (sausages), the sign will be understood as five sausages arranged in the form of a pretzel. The consumer, when becoming aware of such a product, will perceive the said form as a specific way to arrange or present sausages but not as an individualising shape as regards its commercial origin.