Judgment — ECLI:EU:T:2003:183
Date: 2003-07-03
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Marks devoid of any distinctive character
Procedure: Action for annulment - unfounded
Origin: Provisional data;United States

Summary of the Judgment 
Community trade mark — Definition and acquisition of the Community trade mark — 
Absolute grounds for refusal — Signs devoid of any distinctive character — Figurative 
mark 'BEST BUY' 
(Council Regulation No 40/94, Art. 7(1)(b)) 
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SUMMARY — CASE T-122/01 
A figurative mark constituted by the shape 
of a coloured price tag with the word mark 
'BEST BUY' and the letter 'R', registration 
of which is applied for in respect of busi­
ness management consultancy (Class 35 of 
the Nice Agreement), installation and 
maintenance of equipment (Class 37) and 
technical consultancy and advising in the 
establishment of retail stores (Class 42), is 
devoid of distinctive character for the 
purposes of Article 7(1)(b) of Regulation 
No 40/94 of the Community trade mark. 
That word mark, composed of ordinary 
English words which clearly indicate an 
advantageous relation between the price of 
the services covered by the application and 
their market value, is immediately per­
ceived by the relevant public as a mere 
promotional formula or slogan rather than 
an indication of the commercial origin of 
the services. Similarly, coloured price tags 
are commonly used in trade for all kinds of 
goods and services, and the presence of 
elements such as the letter 'R', alongside 
other elements, is not sufficient to confer 
distinctive character on a mark viewed in 
its entirety. Therefore, viewed as a whole, 
the mark claimed is composed merely of 
elements which, when examined separ­
ately, are devoid of distinctive character 
for the marketing of the services concerned, 
without there being any interaction 
between those various elements which 
might confer a distinctive character on the 
whole. 
(see paras 28-30, 33-34, 36, 38) 
I I - 2236