Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fifth Chamber) of 30 June 2011 – Imagion v OHIM (DYNAMIC HD)**

**(Case T-463/08)**

Community trade mark – Application for Community word mark DYNAMIC HD – Absolute grounds for refusal – Lack of distinctive character – No distinctive character acquired through use – 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)

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 21-22, 34, 42-44)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of distinctive character – Exception (Council Regulation No 40/94, Art. 7(3)) (see para. 43)*

3.                     *Community trade mark – Procedural provisions – Statement of reasons for decisions – Aim (Council Regulation No 40/94, Art.
73) (see para. 50)*

4.                     *Community trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – Previous
decision-making practice of the Office (see paras 62-64)*

**Re:**

|  |  |
| --- | --- |
|  | 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. |

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