35 On the other hand, information concerning any knowledge the relevant public may have of the technical functions of the product in question and the way in which they are achieved forms part of an assessment necessarily involving subjective factors, potentially giving rise to uncertainty as to the extent and accuracy of that public’s knowledge, which risks undermining the objective pursued by the ground for refusal of registration provided for in Article 3(1)(e)(ii) of Directive 2008/95, that being to prevent trade mark law from granting an undertaking a monopoly on technical solutions or functional features of a product.
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