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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.
ECLI:EU:T:2011:434
62009TJ0524
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(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.