Judgment of the General Court of 15 December 2009 - Media-Saturn v 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))
Language of the case: German
Parties
Applicant: Media-Saturn-Holding GmbH (Ingolstadt, Germany) (represented initially by: K. Lewinsky; subsequently by: C.-R. Haarmann and E. Warnke, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
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
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Media-Saturn-Holding GmbH to pay the costs.
____________1 - OJ C 327, 20.12.2008.