It seems that the appellant's mark embodies an obvious solution to the problem of phone-cord tangling. The shaft could not be any simpler. The cylinder is slightly flattened to give the appropriate cross section to fit the oval-shaped profile of the terminal connector socket. The remaining elements of the mark are devoid of any distinctive character by the appellant's own admission. It is understandable that specialists in this particular field, who perhaps have daily contact with the products in question, are likely to distinguish one particular product from another.
Specialists are accustomed to focus on the tiniest technical detail of a device.
The Board believes that there is nothing arbitrary or fanciful in the mark to draw the consumer's attention, to make it stand out from other similar products. The shape of the mark only informs the customer as to its function and nothing else. It would not be seen as a mark of a particular trading origin but as a useful gadget. It is true that Community trade mark registration 600569 cited above in the grounds of appeal is similar to the appellant's mark and covers identical goods. Nevertheless, the finding that a sign is devoid of any distinctive character cannot be called into doubt on the grounds that other decisions made by the Office appear to be less restrictive.