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.
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