The Board of Appeal of the EUIPO refused a trade mark application for the slogan “TAKE FIVE” in the following products of Class 32: “Mineral waters; flavored mineral water; Carbonated mineral water; Non-alcoholic drinks”, since (i) the relevant public will understand that the expression is an invitation to potential customers to take or buy products in a quantity of five, (ii) the relevant public would not tend to see in the sign any indication of commercial origin.