B9 10096. Gerecht EU, 7 september 2001, zaak T‑524/09Meredith Corp. tegen OHIM.
Merkenrecht. Weigering inschrijving woordmerk BETTER HOMES AND GARDENS voor klasse 36 (wel door OHIM ingeschreven voor klassen 16 en 35, beroep betrof slechts weigering m.b.t. klasse 36). Geen onderscheidend vermogen en ‘a simple and direct informative and laudatory message.’ ‘The fact that the expression BETTER HOMES AND GARDENS had been registered for goods or services other than those examined in the contested decision, or that it had been used either as a title for a magazine or as a designation for other services, which the applicant, moreover, does not identify, is irrelevant.’
24. Since the mark applied for is not particularly original or resonant, and does not require at least some interpretation or thought on the part of the relevant public, (…) it must be held that that mark is devoid of distinctive character (…).
26. (…)the Board of Appeal did not commit an error of assessment in referring to that expression as an advertising slogan. On the other hand, and in any event, even if it were to be assumed that the Board of Appeal did commit an error of assessment in that regard, that would have no bearing on the conclusion set out in paragraph 24 above to the effect that that expression has no distinctive character.
28 (…) However, unlike the mark VORSPRUNG DURCH TECHNIK, the mark here applied for, which does not make possible identification in this case of the commercial origin of the services which it covers, has no distinctive character, as has been stated in paragraph 24 above.
29 (…) the fact that the expression BETTER HOMES AND GARDENS had been registered for goods or services other than those examined in the contested decision, or that it had been used either as a title for a magazine or as a designation for other services, which the applicant, moreover, does not identify, is irrelevant to the conclusion set out in paragraph 24 above, according to which the Board of Appeal did not err in forming the view, with regard to the services in Class 36 of the Nice Agreement which the relevant public understands as aiding in the acquisition of better homes and gardens, that the mark applied for did not have any distinctive character within the terms of Article 7(1)(b) of Regulation No 207/2009.
Lees het arrest hier.
