On the other hand, a promotional expression should not be found distinctive simply because it shows verbal inventiveness as a slogan: such a slogan only becomes distinctive in a trade mark sense if perceived by the relevant public as an indication of commercial origin, rather than as a promotional message, no matter how inventive it might be in other ways or for other purposes. In Audi, it was held that the words “Vorsprung durch Technik” would be perceived by the relevant public as a promotional formula. But the CJEU added that:
“A mark can be perceived by the relevant public both as a promotional formula and as an indication of the commercial origin of goods or services. It follows that, insofar as the public perceives the mark as an indication of origin, the fact that the mark is at the same time understood-- perhaps even primarily understood--as a promotional formula has no bearing on its distinctive character