After these assessing steps, the ECJ held that the word combinations, such as ‘Baby-Dry’, being a ‘syntactically unusual juxtaposition’, are lexical inventions. If they fulfill the requirement of Article 4, they cannot be refused under Article 7 (1) (c) of Regulation.
　　If a combination of words consists a describe word and a non-describe word, it may be registered. For example, ‘DUBOSILK’ for silk products would not be treated as descriptiveness because the ‘silk’ is descriptive but the ‘dubo’ is an invention. A contrary example was also offered by the ECJ. In Deutsche Krankenversicherung v OHIM, a CTM application for ‘Companyline’ for insurance service was refused by OHIM. When reached ECJ, it held that the two words ‘company’ and ‘line’ were generic words, denoting a line of service, and the combination were incapable of distinguishing, then the ECJ upheld the OHIM’s decision.
　　 2.The Ellos AB v OHIM case
　　In ‘Ellos’ case, a CTM application for ‘Ellos’ for ‘clothing, footwear, headgear or customer service for mail-order sales’ was refused by OHIM. The refusal to register the term is based on the descriptive nature because the word ‘ellos’ in Spanish means ‘males’. Accordingly, the Court referred the question to Article 7 (1) (c) of Regulation No 40/94, and interpreted the provision together with Article 7 (2) which states “paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain in only part of the Community”. In the findings (judgment) of the Court, it set out the distinctiveness of a trade mark should be assessed in relation to the goods or services in respect of which registration of the sign has been requested, and the perception of the section of the pubic targeted which is composed of the consumers of those products or services. In this case the section of the public targeted is Spanish-speaking consumers that are in relation to the part of the Community. Since the word ‘Ellos’ which is used in Spanish-speaking part may designate the purpose of those goods for male customers and has established a specific and direct relationship between the sign and the category of the goods and service sought by the application for registration, thus “the link between the meaning of the word ELLOS, on one the hand, and ‘clothing, footwear, headgear’, on the other, appears sufficiently close to be caught by the prohibition laid down in Article 7 (1) (c) and (2) of Regulation No 40/94.”

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