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.

Judgment of the General Court (Fourth Chamber) of 7 September 2011 – Meredith v OHIM (BETTER HOMES AND GARDENS) (Case T-524/09) 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 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 207/2009, Art. 7(1)(b)) (see paras 23-24) Re: ACTION 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 The Court: 1. Dismisses the action; 2. Orders Meredith Corp. to pay the costs.