Concrete

The nature of the tests to be applied in the European Union in determining whether a trade mark is barred from registration because it is devoid of distinctive character, descriptive, or generic (Article 3.1(b) to (d) of the Directive, Article 7.1(b) to (d) of the Community trade mark regulation). The mark has to be considered in the light of all the circumstances, including crucially the context of the goods or services for which it is to be registered, not in the abstract. Case C-299/99, Philips Electronics BV v Remington Consumer Products [2002] ECR I-5475, para 59 and 63.