CELEX: 62004TJ0461
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

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.