Action brought on 4 November 2008 - Media-Saturn v OHIM (BEST BUY)

(Case T-476/08)

Language of the case: German

Parties

Applicant: Medai-Saturn-Holding GmbH (Ingolstadt, Germany) (represented by K. Lewinsky, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 in appeal proceedings R 0591/2008-4; and

Order OHIM to pay the costs of these proceedings and the costs incurred before the Board of Appeal.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark 'Best Buy' for goods and services in Classes 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 21, 22, 27, 28, 35, 37, 38, 40, 41 and 42 (No 5 189 550).

Decision of the Examiner: Refusal of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94¹ in that the trade mark applied for has the necessary minimum distinctive character.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).