Source: EURLEX
Language: en
Format: md

**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. |

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