Trade marks can be perceived in different ways. In this respect, case law usually distinguishes between visual, aural and conceptual perception,^[1] although other dimensions of perception are conceivable in the case of atypical trade mark forms - for example, the sense of touch in the case of shape marks.^[2] The trade mark must be capable of being protected in each of these dimensions of perception. With regard to word marks consisting of several elements that are intended to be both heard and read, the CJEU has therefore assumed that the requirements for protectability must be met by the trade mark with regard to both the aural and visual impression.^[3] Nothing else should apply to trade marks with only one element.^[4]
For example, a trade mark 'LOKTHREAD'; applied for screws is not protectable as an aurally identical representation of the words 'lock' and 'thread'.^[5] Insofar as the term 'bio generics' is not protectable, this also applies to 'BIOGENERIX'.^[6] Similarly, a one-word trade mark 'Wassa' for mineral water is also likely to be not protectable. In aural terms, 'Wassa' is identical to the term 'water' and thus designates the goods.