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Document 62004TJ0461

    Judgment of the Court of First Instance (Third Chamber) of 20 September 2007.
    Imagination Technologies Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for the Community word mark PURE DIGITAL - Absolute grounds for refusal - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94.
    Case T-461/04.

    European Court Reports 2007 II-00122*

    ECLI identifier: ECLI:EU:T:2007:294





    Judgment of the Court of First Instance (Third Chamber) of 20 September 2007 – Imagination Technologies v OHIM (PURE DIGITAL)

    (Case T-461/04)

    Community trade mark – Application for the Community word mark PURE DIGITAL – Absolute grounds for refusal – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 – Distinctive character acquired through use – Article 7(3) of Regulation No 40/94

    Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 36-37, 54)

    Re:

    APPLICATION for annulment of the decision of the Second Board of Appeal of OHIM of 16 September 2004 (Case R 108/2004-2), concerning an application for the registration of the word mark PURE DIGITAL as a Community trade mark.

    Information relating to the case

    Applicant for the Community trade mark:

    Imagination Technologies Ltd

    Community trade mark sought:

    Word mark PURE DIGITAL for goods and services in classes 9 and 38 – Application No 2396075

    Decision of the Examiner:

    Refusal of registration

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders the applicant to pay the costs.

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