The trade mark consists of a word combination which cannot be found in any European language. The trade mark must be considered as a whole. The combination of the two elements, especially in view of the ambiguity of the element PRO, does not have a clear descriptive character with regard to the goods claimed. The goods do not comprise substitutes for lipids. An emulsifier is a substance that stabilises an emulsion, especially food additives used to stabilise processed foods.
Lipids can be part of an emulsion but can never stabilise an emulsion.
The functions of an emulsifier, on the one hand, and lipids on the other hand, when contained in an emulsion are completely different. Emulsifiers are substances which, when added to an emulsion, promote and increase the formation and stabilisation of an emulsion. Basically they are surface active agents, molecules with a hydrophobic end and a hydrophilic end. They act by lowering the surface tension. Competitors have an interest in such designations only if their descriptive character is immediate, clear and unmistakably obvious.