Ford sought to register mark ‘OPTIONS’ as CTM. Was rejected as lacking distinctiveness in England and France, but Ford pointed to evidence of acquired distinctiveness in England. Held:
· CTMs are unitary
Ø Therefore to be registered, any CTM must be equally distinctive across EU.
· Does not suffice that mark has acquired distinctiveness in a substantial part of the Community
· On facts, Even if it had acquired distinctiveness in English, ‘OPTIONS’ was not distinctive in France