(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:

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.