CELEX: 62008TJ0463
Language: en
Date: 2011-06-30
Title: Judgment of the General Court (Fifth Chamber) of 30 June 2011. # Imagion AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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]. # Case T-463/08.

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.