Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 21 January 2011 – BSH v OHIM (executive edition)**

**(Case T-310/08)**

Community trade mark – Application for Community word mark executive edition – Absolute grounds for refusal – Absence 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 26, 33-34)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 5 June 2008 (Case R 845/2007‑1) concerning an application for registration of the word sign executive edition as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | BSH Bosch und Siemens Hausgeräte GmbH |
| Community trade mark sought: | Word mark executive edition for goods in Classes 7, 9 and 11 – Application No 4908182 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders BSH Bosch and Siemens Hausgeräte GmbH to pay the costs. |

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