37 While the question as such was correct, no deduction of
« incorrect » attributions by name (8%) from the degree of
distinctiveness (71%) was made in the IfD report. The IPI Guidelines,
with references to the « Oktoberfest-Bier » decision by the Swiss
Federal Administrative Court (…), explicitly state that « clearly
wrong attributions must be deducted from the degree of
distinctiveness » (…). Applying these principles, the degree of
distinctiveness is to be reduced to 63% (= 71% minus 8%).