CELEX: 62004TJ0461
Language: en
Date: 2007-09-20
Title: Judgment of the Court of First Instance (Third Chamber) of 20 September 2007. # Imagination Technologies Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-461/04.

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.