Judgment — ECLI:EU:T:2009:508
Date: 2009-12-15
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Figurative marks
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the General Court (Fourth Chamber) of 15 December 2009 – Media-Saturn v OHIM (BEST BUY) (Case T-476/08) Community trade mark – Application for figurative Community trade mark BEST BUY – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 22, 26-29, 32) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 591/2008‑4) concerning an application for registration of the figurative sign BEST BUY as a Community trade mark. Information relating to the case Applicant for the Community trade mark: Media-Saturn-Holding GmbH Community trade mark sought: Figurative mark BEST BUY for goods and services in Classes 1, 2, 5, 6 to 12, 14 to 17, 20 to 22, 27, 28, 35, 37, 38 and 40 to 42 – Application No 5189550 Decision of the Examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Media-Saturn-Holding GmbH to pay the costs.