CELEX: 62008TJ0463
Community trade mark
Application for Community word mark DYNAMIC HD
Absolute grounds for refusal
Lack of distinctive character
Lack of distinctive character acquired through usage
Article 7(1)(b) and (3) of Regulation (EC) No 40/94 [now Article 7(1)(b) and (3) of Regulation (EC) No 207/2009]

ACTION against the decision of the Fourth Board of Appeal of OHIM of 13 August 2008 (Case R 488/2008-4) concerning an application
for registration of the word mark DYNAMIC HD as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Imagion AG
Community trade mark sought:
Word mark DYNAMIC HD for services in Classes 35, 38, 41, 42 and 45 – Application No 6092241
Decision of the examiner:
Registration partially refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Imagion AG to pay the costs.