Source: EURLEX
Language: en
Format: md

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| 20.12.2008 | EN | Official Journal of the European Union | C 327/39 |

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Action brought on 19 October 2008 — Imagion v OHIM (DYNAMIC HD)

(Case T-463/08)

(2008/C 327/68)

Language of the case: German

Parties

Applicant: Imagion AG (Trierweiler, Germany) (represented by: H. Blatzheim, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 August 2008 (Case R 488/2008-4); and |

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| — | Order OHIM to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘DYNAMIC HD’ for services in Classes 35, 38, 41, 42 and 45 (No 6 092 241)

Decision of the Examiner: Refusal, in part, of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:

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| — | Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008327EN.01003901-E0001) in that the word mark ‘DYNAMIC HD’ is neither descriptive, nor does it lack the necessary distinctive character; |

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| — | Infringement of Article 7(3) of Regulation No 40/94 in that the trade mark applied for has acquired distinctive character through use; |

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| — | Breach of the duty to state reasons; |

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| — | Breach of the principle of equal treatment. |

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