On Thursday 8 May the Court of Judgment of the European Communities gives its ruling in Case C-304/06 P Eurohypo v Office for Harmonisation in the Internal Market, a Community trade mark appeal. So far, the examiner, the Board of Appeal and the Court of First Instance have all ruled the word EUROHYPO lacked distinctive quality in respect of services in Class 36. The applicant maintains that at all levels so far its sign has been considered in terms of the distinctive character of the words "Euro" and "hypo" separately and that it has not thus far been assessed as a whole.