CELEX: 62009TJ0524
Language: en
Date: 2011-09-07 00:00:00
Title: Judgment of the General Court (Fourth Chamber) of 7 September 2011. # Meredith Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark BETTER HOMES AND GARDENS - Absolute ground for refusal - Partial refusal by the examiner to register the mark - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009. # Case T-524/09.

Judgment of the General Court (Fourth Chamber) of 7 September 2011 – Meredith v OHIM (BETTER HOMES AND GARDENS)
      (Case T-524/09)
      Community trade mark – Application for the Community word mark BETTER HOMES AND GARDENS – Absolute ground for refusal – Partial refusal by the examiner to register the mark – Lack of distinctive character – 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 207/2009, Art. 7(1)(b)) (see paras 23-24)
      Re: 
      
         
               ACTION against the decision of the Second Board of Appeal of OHIM of 23 September 2009 (Case R 517/2009-2), concerning an
                  application for registration of the word sign BETTER HOMES AND GARDENS as a Community trade mark.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Meredith Corp. to pay the costs.