In T-286/08, the verbal mark HALLUX was held to be descriptive for “orthopaedic articles” in Class 10 and “shoes” in Class 25. Hallux in Latin means “big toe” and this term usually used in the medical field to designate a foot deformation, in particular “Hallux valgus” is the pathology characterized by the deformity of the big toe which deviates inwards.

The relevant public for Class 10 goods is made of professionals and patients who suffer from feet malformations which need to be corrected through these articles, thus their level of attention will be high. The latter will be informed about their condition and familiar with its scientific name so they will associate immediately Hallux with the destination of the goods.

As regards Class 25 goods, the relevant consumer consists of the general public, the applicant being specialized in the manufacture of comfortable shoes, which is a sub-category of shoes, and although usually bought without medical prescription, the sellers are likely to give advice and explanations on why these shoes are comfortable, so the consumer will perceive the sign as an indication that the shoes are particularly adapted to persons suffering from the big toe pathologies.