Judgment of the General Court of 7 September 2011 - Meredith v OHIM (BETTER HOMES AND GARDENS)
(Community trade mark - Application for the Community word mark BETTER HOMES AND GARDENS - Absolute ground for refusal - Partial refusal by the examiner to register the mark - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Meredith Corp. (Des Moines, United States of America) (represented by: R. Furneaux and E. Hardcastle, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 23 September 2009 (Case R 517/2009-2), concerning an application for registration of the word sign BETTER HOMES AND GARDENS as a Community trade mark.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Meredith Corp. to pay the costs.
____________1 - OJ C 51, 27.2.2010.