The holder of the mark appealed and the Board of Appeal reversed the decision of NBPR. In its reasoning the Board stated that although the word “new” referred to the quality of the goods, the word “wave” was not understood by the average consumer or at least it was not used for describing the goods in question. Furthermore, the Board explained that the expression “new wave” was commonly used for example in music, art and politics but it did not have any specific and general meaning relating to clothing and footwear industries. Thus, in relation to clothing and footwear the mark was vague and suggestive and therefore distinctive.