CELEX: 62009TN0524
Language: en
Date: 2009-12-24 00:00:00
Title: Case T-524/09: Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)

27.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/44
            
         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
   
   
               —
            
            
               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;
            
         
               —
            
            
               Uphold the claims of the applicant; and
            
         
               —
            
            
               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.