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.
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