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Case C-92/10 P: Judgment of the Court (Fifth Chamber) of 13 January 2011 — Media-Saturn-Holding GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Absolute ground for refusal — Lack of distinctive character — Mark consisting of an advertising slogan and composed of elements individually devoid of any distinctive character — Figurative sign ‘BEST BUY’ )
ECLI:EU:UNKNOWN:62010CA0092
62010CA0092
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12.3.2011
Official Journal of the European Union
C 80/6
(Case C-92/10 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Absolute ground for refusal - Lack of distinctive character - Mark consisting of an advertising slogan and composed of elements individually devoid of any distinctive character - Figurative sign ‘BEST BUY’)
2011/C 80/09
Language of the case: German
Parties
Appellant: Media-Saturn-Holding GmbH (represented by: E. Warnke, Rechtsanwalt)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider)
Re:
Appeal brought against the judgment of the General Court (Fourth Chamber) of 15 December 2009 in Case T-476/08 Media-Saturn v OHIM (BEST BUY) in which the General Court dismissed the action against the decision of the Fourth Board of Appeal of OHIM, of 28 August 2008, dismissing the appeal against the examiner’s decision which refused the registration of the figurative sign ‘BEST BUY’ as a Community trade mark for goods and services in Classes 1, 2, 5 to 12, 14 to 17, 20 to 22, 27, 28, 35, 37, 38 and 40 to 42 — distinctive character of a mark consisting of an advertising slogan and composed of elements individually devoid of any distinctive character
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Media-Saturn-Holding GmbH to pay the costs.
(<span class="super">1</span>) OJ C 113, 01.05.2010
* * *
Language of the case: German