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).

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.