Source: EURLEX
Language: en
Format: md

**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. |

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