Judgment of the General Court (Third Chamber) of 21 January 2011 – BSH v OHIM (executive edition)

(Case T-310/08)

Community trade mark – Application for Community word mark executive edition – Absolute grounds for refusal – Absence 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 26, 33-34)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 5 June 2008 (Case R 845/2007‑1) concerning an application for registration of the word sign executive edition as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	BSH Bosch und Siemens Hausgeräte GmbH
Community trade mark sought:	Word mark executive edition for goods in Classes 7, 9 and 11 – Application No 4908182
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders BSH Bosch and Siemens Hausgeräte GmbH to pay the costs.