CELEX: 62008TA0463
Language: en
Date: 2011-06-30 00:00:00
Title: Case T-463/08: Judgment of the General Court of 30 June 2011 — Imagion v OHIM (DYNAMIC HD) (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))

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/15
            
         Judgment of the General Court of 30 June 2011 — Imagion v OHIM (DYNAMIC HD)
   (Case T-463/08) (1)
   
   (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))
   2011/C 238/21
   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) (represented by: S. Schäffner, Agent)
   
      Re:
   
   Action brought 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.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Imagion AG to pay the costs.
            
         
      (1)  OJ C 327, 20.12.2008