Case T-461/04: Action brought on 1 December 2004 by Imagination Technologies Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 57/26

EN

Official Journal of the European Union

5.3.2005

Action brought on 1 December 2004 by Imagination Tech-
nologies Ltd against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Decision of
of Appeal:

Pleas in law:

(Case T-461/04)

(2005/C 57/44)

(Language of the case: English)

the Board

Dismissal of the appeal.

Violation of Articles 7(1)(b) and
7(1)(c) of Council Regulation No
40/94.

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 1
December 2004 by Imagination Technologies Ltd, established
in Hertfordshire (United Kingdom), represented by M. Edenbor-
ough, Barrister, and P. Brownlow and N. Jenkins, Solicitors.

The applicant claims that the Court should:

— annul

the decision of

the second Board of Appeal No

108/2004-2;

— annul the decision of the Examination Division dated 12

September 2003;

— remit

the Community

application No
2 396 075 to the Office, or alternatively to the Board of
Appeal, for further examination;

trade mark

— order the Office to pay to the applicant the costs incurred
by the applicant in connection with this appeal and the
appeal before the Board of Appeal and the prosecution
before the Examination Division.

Pleas in law and main arguments

Community trade mark
concerned:

The word mark ‘PURE DIGITAL’
for goods and services in classes 9
and 38 (Electric and electronic
apparatus
for use with multi-
media entertaining systems, video
apparatus,
hardware,
computer
telecommunications
provision of
access to computer databases and
the internet, …) — application No
2 396 075

Decision of
iner:

the exam-

Refusal of the application.

Action brought on 25 November 2004 by European
Dynamics SA against the Commission of the European
Communities

(Case T-465/04)

(2005/C 57/45)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 25 November 2004 by European
Dynamics SA, Athens, Greece, represented by N. Korogian-
nakis, lawyer.

The applicant claims that the Court should:

— annul the Decision of the Commission (DG Fisheries), of 15
September 2004, evaluating the applicant's bid as not
successful and awarding the contract
to the incumbent
contractor;

— order the Commission to re-evaluate the tender submitted

by the applicant;

— order the Commission to pay the applicant's legal costs and
other costs and expenses incurred in connection with the
application, even if the application is rejected.

Pleas in law and main arguments

The applicant company filed a bid in response to the Commis-
sion's call for tenders FISH/2004/02 (1) for the provision of
linked to the information
computer and related services
for Fisheries. By the
systems of
contested decision this bid was rejected and the contract
awarded to another bidder, which was also the incumbent
contractor.

the Directorate - General