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Case T-463/08: Action brought on 19 October 2008 — Imagion v OHIM (DYNAMIC HD)
ECLI:EU:UNKNOWN:62008TN0463
62008TN0463
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EN
Official Journal of the European Union
C 327/39
(Case T-463/08)
(2008/C 327/68)
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)
Form of order sought
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 August 2008 (Case R 488/2008-4); and
—Order OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘DYNAMIC HD’ for services in Classes 35, 38, 41, 42 and 45 (No 6 092 241)
Decision of the Examiner: Refusal, in part, of the application
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:
—Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) in that the word mark ‘DYNAMIC HD’ is neither descriptive, nor does it lack the necessary distinctive character;
—Infringement of Article 7(3) of Regulation No 40/94 in that the trade mark applied for has acquired distinctive character through use;
—Breach of the duty to state reasons;
—Breach of the principle of equal treatment.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).