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