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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.
ECLI:EU:T:2009:508
62008TJ0476
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(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:
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.