CELEX: 62008TA0476
Language: en
Date: 2009-12-15 00:00:00
Title: Case T-476/08: Judgment of the General Court of 15 December 2009 — Media-Saturn v 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))

13.2.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 37/35
            
         Judgment of the General Court of 15 December 2009 — Media-Saturn v OHIM
   (Case T-476/08) (1)
   
   (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))
   2010/C 37/47
   Language of the case: German
   
      Parties
   
   
      Applicant: Media-Saturn-Holding GmbH (Ingolstadt, Germany) (represented initially by: K. Lewinsky; subsequently by: C.-R. Haarmann and E. Warnke, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
   
      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
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Media-Saturn-Holding GmbH to pay the costs.
            
         
      (1)  OJ C 327, 20.12.2008.