Action brought on 24 December 2009 - Meredith v OHIM (BETTER HOMES AND GARDENS)

(Case T-524/09)

Language of the case: English

Parties

Applicant: Meredith Corporation (Des Moines, United States) (represented by: R.N. Furneaux and E.A. Hardcastle, Solicitors)

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

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2009 in case R 517/2009-2, insofar as it rejected the application for the Community trade mark concerned for services in class 36, with the consequence that the application will be allowed for such services;

Uphold the claims of the applicant; and

Order the defendant to pay the costs of these proceedings in the event it contests them and dismiss its claim.

Pleas in law and main arguments

Community trade mark concerned: The word mark "BETTER HOMES AND GARDENS" for goods and services in classes 16, 35 and 36

Decision of the examiner: Partially refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b) and 7(2) of Council Regulation No 207/2009, as the Board of Appeal erred in not applying the correct test for assessing whether a trade mark is devoid of any distinctive character to distinguish the goods and services for which registration is sought.

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