Keywords
Summary

Keywords

Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Signs devoid of any distinctive character — Figurative mark BEST BUY — (Council Regulation No 40/94, Art. 7(1)(b))

Summary

A figurative mark constituted by the shape of a coloured price tag with the word mark " BEST BUY" and the letter " R" , registration of which is applied for in respect of business management consultancy (Class 35 of the Nice Agreement), installation and maintenance of equipment (Class 37) and technical consultancy and advising in the establishment of retail stores (Class 42), is devoid of distinctive character for the purposes of Article 7(1)(b) of Regulation No 40/94 of the Community trade mark. That word mark, composed of ordinary English words which clearly indicate an advantageous relation between the price of the services covered by the application and their market value, is immediately perceived by the relevant public as a mere promotional formula or slogan rather than an indication of the commercial origin of the services. Similarly, coloured price tags are commonly used in trade for all kinds of goods and services, and the presence of elements such as the letter " R" , alongside other elements, is not sufficient to confer distinctive character on a mark viewed in its entirety. Therefore, viewed as a whole, the mark claimed is composed merely of elements which, when examined separately, are devoid of distinctive character for the marketing of the services concerned, without there being any interaction between those various elements which might confer a distinctive character on the whole.

see paras 28-30, 33-34, 36, 38