CELEX: 62008TJ0476
Language: en
Date: 2009-12-15
Title: Judgment of the General Court (Fourth Chamber) of 15 December 2009. # Media-Saturn-Holding GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-476/08.

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.