Descriptiveness must be assessed by reference to a typical consumer of the goods or service in question who encounters the sign with some awareness of the general context in which it is to be used. The question that must be asked is whether the sign, taken as a whole, would convey to such a person anything more than information about the kind, quality, quantity, intended purpose etc. There is nothing fanciful, arbitrary, novel or unusual in the choice of those three words. On the contrary, the sign consists of banal, purely descriptive language and is therefore an apt way of informing consumers that a computer game based on football, and purportedly capable of reproducing the emotions of real life soccer games and competitions , is being made available to them. It is likely to be perceived by consumers as a sign which conveys information about the characteristics of the goods rather than their trade origin.
Similar considerations apply mutatis mutandis to the other goods specified in the application.
It is true that the Office must strive for consistency. However, each case must be decided on its merits. The fundamental duty of the examiner and of the Board of Appeal is to attempt to apply the law correctly in each case. Once they have formed the conviction that the mark applied for is ineligible for registration, they cannot abandon that conviction and accept the application, simply because a different approach appears to have been taken in other cases.