Source: EURLEX
Language: en
Format: md

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| 27.2.2010 | EN | Official Journal of the European Union | C 51/44 |

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Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)

(Case T-524/09)

2010/C 51/81

Language of the case: English

Parties

Applicant: Meredith Corporation (Des Moines, United States) (represented by: R.N. Furneaux and E.A. Hardcastle, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2009 in case R 517/2009-2, insofar as it rejected the application for the Community trade mark concerned for services in class 36, with the consequence that the application will be allowed for such services; |

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| — | Uphold the claims of the applicant; and |

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| — | Order the defendant to pay the costs of these proceedings in the event it contests them and dismiss its claim. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘BETTER HOMES AND GARDENS’ for goods and services in classes 16, 35 and 36

Decision of the examiner: Partially refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b) and 7(2) of Council Regulation No 207/2009, as the Board of Appeal erred in not applying the correct test for assessing whether a trade mark is devoid of any distinctive character to distinguish the goods and services for which registration is sought.

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