This document is an excerpt from the EUR-Lex website
Document 62009TN0524
Case T-524/09: Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)
Case T-524/09: Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)
Case T-524/09: Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)
OJ C 51, 27.2.2010, p. 44–45
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
27.2.2010 |
EN |
Official Journal of the European Union |
C 51/44 |
Action brought on 24 December 2009 — Meredith v OHIM (BETTER HOMES AND GARDENS)
(Case T-524/09)
2010/C 51/81
Language of the case: English
Parties
Applicant: Meredith Corporation (Des Moines, United States) (represented by: R.N. Furneaux and E.A. Hardcastle, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2009 in case R 517/2009-2, insofar as it rejected the application for the Community trade mark concerned for services in class 36, with the consequence that the application will be allowed for such services; |
— |
Uphold the claims of the applicant; and |
— |
Order the defendant to pay the costs of these proceedings in the event it contests them and dismiss its claim. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘BETTER HOMES AND GARDENS’ for goods and services in classes 16, 35 and 36
Decision of the examiner: Partially refused the application for a Community trade mark
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 7(1)(b) and 7(2) of Council Regulation No 207/2009, as the Board of Appeal erred in not applying the correct test for assessing whether a trade mark is devoid of any distinctive character to distinguish the goods and services for which registration is sought.