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Case T-524/09: Judgment of the General Court of 7 September 2011 — Meredith v OHIM (BETTER HOMES AND GARDENS) (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)
ECLI:EU:UNKNOWN:62009TA0524
62009TA0524
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15.10.2011
Official Journal of the European Union
C 305/6
(Case T-524/09) (<span class="super">1</span>)
(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)
2011/C 305/06
Language of the case: English
Parties
Applicant: Meredith Corp. (Des Moines, United States of America) (represented by: R. Furneaux and E. Hardcastle, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Re:
Action brought 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 of the judgment
The Court:
1.Dismisses the action;
2.Orders Meredith Corp. to pay the costs.
(<span class="super">1</span>) OJ C 51, 27.2.2010.