CELEX: C2005/057/44
Language: en
Date: 2005-03-05 00:00:00
Title: Case T-461/04: Action brought on 1 December 2004 by Imagination Technologies Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

5.3.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 57/26
            
         Action brought on 1 December 2004 by Imagination Technologies Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case T-461/04)
   (2005/C 57/44)
   Language of the case: English
   An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 1 December 2004 by Imagination Technologies Ltd, established in Hertfordshire (United Kingdom), represented by M. Edenborough, Barrister, and P. Brownlow and N. Jenkins, Solicitors.
   The applicant claims that the Court should:
   
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               annul the decision of the second Board of Appeal No 108/2004-2;
            
         
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               annul the decision of the Examination Division dated 12 September 2003;
            
         
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               remit the Community trade mark application No 2 396 075 to the Office, or alternatively to the Board of Appeal, for further examination;
            
         
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               order the Office to pay to the applicant the costs incurred by the applicant in connection with this appeal and the appeal before the Board of Appeal and the prosecution before the Examination Division.
            
         Pleas in law and main arguments
   
               Community trade mark concerned:
            
            
               The word mark ‘PURE DIGITAL’ for goods and services in classes 9 and 38 (Electric and electronic apparatus for use with multi-media entertaining systems, video apparatus, computer hardware, provision of telecommunications access to computer databases and the internet, …) — application No 2 396 075
            
         
               Decision of the examiner:
            
            
               Refusal of the application.
            
         
               Decision of the Board of Appeal:
            
            
               Dismissal of the appeal.
            
         
               Pleas in law:
            
            
               Violation of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 40/94.