There is no immediate link between the mark and the goods of the application. Confronted with the mark, the relevant consumer would have no precise idea about the characteristics of the goods. Each word of the mark has more than one meaning. Therefore, the mark cannot be devoid of all distinctive character. Where any level of mental processes is required to arrive at the determination of the specific nature of the goods, the mark is only suggestive.
Enterprises have a legitimate interest in using allusive marks.
They are intended to arouse the consumer's curiosity for the goods or services. No objection on the grounds of distinctiveness to the mark was received in Canada or the United States. Existence of registrations in non-member countries may be taken into account by the examiner, provided that evidence shows that similar standards of registrability apply in these countries. Many marks have been accepted by the Office which consist of two words that could be regarded as descriptive. Since all the individual Member States are signatories to this Convention, the European Union, by analogy, is also bound by the Telle Quelle provision.