Judgment of the Court (Fifth Chamber) of 11 June 2009 — Imagination Technologies Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-542/07 P) (1)

(Appeal - Community trade mark - Refusal to register - Regulation (EC) No 40/94 - Article 7(3) - Distinctive character acquired through use - Use after the date on which the application for registration was filed)

2009/C 180/13

Language of the case: English

Parties

Appellant: Imagination Technologies Ltd (represented by: M. Edenborough, Barrister, instructed by P. Brownlow and N. Jenkins, Solicitors)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 20 September 2007 in Case T-461/04 Imagination Technologies v OHIM (Pure Digital), by which the Court dismissed an action for the annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 16 September 2004 in Case R 108/2004-2 dismissing the appeal against the examiner’s decision refusing to register the word mark ‘PURE DIGITAL’ for goods and services in Classes 9 and 38

Operative part of the judgment

The Court:

(1)  OJ C 37, 9.2.2008.