Case No. IP-2015-000146

. I have used the words transported from the Philips case, through the Mars case and into the CJEU’s decision.” (original emphasis)44.The Chancellor indicated that a mark would be taken to have been used as a trade mark by the public if consumers have come to rely on it as indicating the origin of the goods. He referred, with apparent approval, to paragraph 90 of Richard Arnold QC’s decision in Vibe Technologies Limited’s Application [2009] ETMR 12:“[119] … In that passage, Mr Arnold had said that he did not think it was essential for the applicant to have explicitly promoted the sign as a trade mark. It was sufficient for the applicant to have used the sign in such a way that consumers have come to rely on it as indicating the origin of the goods. Mr Arnold concluded, correctly I think, that ‘On the other hand, if the applicant has explicitly promoted the sign as a trade mark, it is more likely that consumers will have come to rely upon it as indicating the origin of the goods’.”45.Since the Chancellor expressly agreed with Kitchin and Floyd LJJ, I do not understand that passage to mean that it is necessary for the average consumer to have relied on the sign as indicating the origin of the goods for it to have been used as a trade mark. Something other may suffice.