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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))
ECLI:EU:UNKNOWN:62008TA0463
62008TA0463
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Valentina R., lawyer
13.8.2011
Official Journal of the European Union
C 238/15
(Case T-463/08)(<span class="super">1</span>)
(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.
(<span class="super">1</span>) OJ C 327, 20.12.2008
* * *
Language of the case: German.