This document is an excerpt from the EUR-Lex website
Document 62008TN0463
Case T-463/08: Action brought on 19 October 2008 — Imagion v OHIM (DYNAMIC HD)
Case T-463/08: Action brought on 19 October 2008 — Imagion v OHIM (DYNAMIC HD)
Case T-463/08: Action brought on 19 October 2008 — Imagion v OHIM (DYNAMIC HD)
OJ C 327, 20.12.2008, p. 39–39
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
20.12.2008 |
EN |
Official Journal of the European Union |
C 327/39 |
Action brought on 19 October 2008 — Imagion v OHIM (DYNAMIC HD)
(Case T-463/08)
(2008/C 327/68)
Language of the case: German
Parties
Applicant: Imagion AG (Trierweiler, Germany) (represented by: H. Blatzheim, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
|
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 August 2008 (Case R 488/2008-4); and |
|
— |
Order OHIM to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘DYNAMIC HD’ for services in Classes 35, 38, 41, 42 and 45 (No 6 092 241)
Decision of the Examiner: Refusal, in part, of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
|
— |
Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) in that the word mark ‘DYNAMIC HD’ is neither descriptive, nor does it lack the necessary distinctive character; |
|
— |
Infringement of Article 7(3) of Regulation No 40/94 in that the trade mark applied for has acquired distinctive character through use; |
|
— |
Breach of the duty to state reasons; |
|
— |
Breach of the principle of equal treatment. |
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).