The provision only covers signs and indications which, in normal usage, are capable of designating, in the mind of the consumer, the goods or services in respect of which registration is sought, either directly or by reference to one of their essential characteristics.^[1] It only covers signs which serve on this basis to designate a characteristic of the product which is easily recognisable by the relevant public.^[2]
Not even the remotest allusion to product characteristics is a description of a characteristic which is not protectable. Rather, the provision only covers signs and indications which, in normal usage, are capable of describing the goods or services applied for, either directly or by reference to one of their essential characteristics. Conversely, it is sufficient for a refusal that the relevant public can immediately and without further thought^[3] establish a concrete and direct link between the sign in question and the goods and services covered by the applications.^[4] The evocation of associations or presumptions is not sufficient.^[5] Thus, the Federal Court of Justice^[6] and the GC^[7] only assume that a sign is not protectable if the description is sufficiently direct.
For example, the BGH held that the term 'BONUS' for chemical and veterinary products,^[8] the request 'Change' in connection with cigarettes and cigarette paper,^[9] the term 'PREMIERE' for services of a television station,^[10] 'HOUSE OF BLUES' for sound recordings^[11] and 'FOR YOU' and 'Test it' for smoking articles^[12] were not directly descriptive. The GC held - incorrectly - that 'BIODERMA' was not directly descriptive in the context of 'substances for use in medicine'.^[13] Correctly, 'Tafel' was not descriptive in the sense of a table for charitable services in connection with everyday goods,^[14] but was descriptive in the sense of feeding the needy^[15]. In contrast, the required degree of directness was given by the word sequence 'Bücher für eine bessere Welt' ('Books for a better Welt'), which describes the books or brochures identified by it in a direct, factual manner as printed works intended to serve the creation of a better world.^[16] 'Winnetou' was also - too broadly^[17] - allegedly descriptive of printed products, film production and the publication of books and magazines. The name 'Winnetou' would have become synonymous with a righteous Indian chief due to the well-knownness of Karl May 's novel character and is capable of serving as a factual indication of the content or subject matter of the products in question, which dealt with this novel character.^[18] The GC rightly found that the term 'WEISSE SEITEN', which referred to a communications directory, was also descriptive of the services of a publisher or editor.^[19] 'map&guide' for computer software and related services was also descriptive as a specific reference to the subject matter of the software.^[20] 'BASICS' was a descriptive reference to the fact that the colours marked with it were basic and elementary materials.^[21] In connection with household appliances, 'ecoDoor' referred to ecologically favourable properties of the appliance doors.^[22] For those members of the public who know the English meaning of the word in the sense of 'human labour', the term 'MANPOWER' has a sufficiently direct link to employment agency services.^[23] 'VISIBLE WHITE' is descriptive of toothpaste as a reference to the result of visibly white teeth.^[24] 'MEMORY' is descriptive of games which may involve good memory.^[25] 'REVOLUTION' is descriptive of revolutionary financial services.^[26] In contrast, the sign 'SUPERSKIN' is not descriptive of products such as perfume, toothpaste and cosmetic products for hair and nails, as there is no direct relationship to the skin; however, it is descriptive of cotton wool, skin nourishing foods and skin care products.^[27] 'Blumenbutler' is not descriptive of a flower delivery service as an unusual combination of the words 'flowers' and 'butler'.^[28] Finally, in the absence of a direct relationship between the sign and the protected services, the term 'College' was also registrable for 'transport and travel services' and for 'catering for guests'.^[29] 'AMPHIBIAN' was also not descriptive of watches because the reference to waterproofness required a further step of thought.^[30] However, the GC also considered the trade mark 'AROMA' to be far too broadly protectable in invalidity proceedings because a flavour is essentially the result of the method of preparation, but not of the equipment used.^[31] Conversely, the GC wrongly denied the trade mark 'MULTI FRUITS' protection for games and slot machines because 'fruit machine' is a synonym for these goods;^[32] in fact, the mere omission of the word 'machine' from the scope of the description is likely to lead to a loss of protection. The trade marks 'SOS Innenfarbe' and 'SOS Loch- und Rissfüller' are also notlikely to be descriptive, contrary to the case law of the GC,^[33] although the term 'SOS' can be understood as a call for help, because the meaning of the trade marks is blurred and not directly recognisable.
Short signs such as numbers or single letters are often not sufficiently direct descriptive. In this case, it depends on the specific case whether the short sign is capable of being used as a descriptive sign when used alone and without explanatory additions. A blanket rejection on the grounds that the public only recognises a type designation or an equipment variant in the sign is not permissible.^[34]
For example, the number '1' is not descriptive for cigarettes and smoking articles. Here, the number '1' cannot be considered as an indication of quantity because the public usually wants to obtain a piece or a packet of the desired goods and is therefore not dependent on the number '1'.^[35] The Italian numerical word 'quattro' is also not descriptive for passenger cars and certain design-related parts of such cars because it is not capable of designating any characteristic of the specific goods in question, without any specific additions.^[36] In contrast, the numbers '100' and '300' were descriptive for printed matter and games such as puzzles, because the consumer would understand them as an indication of the number of pages or the number of individual parts.^[37] For paint spray guns, '4600' was descriptive because it could be an indication of pressure.^[38] The number '24' in 'Credit24' is understood by the public as an indication of continuous availability 24 hours a day.^[39] The letter 'Z' in connection with tobacco products and smoking articles is respectively descriptive.^[40] Finally, the graphically designed letter

cannot be assumed to be descriptive a priori for real estate services; rather, distinctiveness and descriptiveness must be examined individually.^[41] The same applies respectively to the Greek 'α'.^[42] Similarly, short signs consisting of two letters are not automatically descriptive because they are frequently used in an industry.^[43] In contrast, the letter 'E' is descriptive for wind turbines, as it is used in various abbreviations - such as 'E-Werk' - as an abbreviation for 'energy';^[44] the letter 'e' can also stand for 'electric';^[45] for example, 'E-Ship' was rejected in relation to goods and services in the field of shipbuilding and the transport of persons and goods.^[46] The symbol '@', which is often used instead of the letter 'a', does not normally confer distinctive character on a sign either, but is an additional indication of activity on the internet.^[47] The same applies to the hashtag '#', respectively.^[48]