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Judgment of the General Court (Fifth Chamber) of 30 June 2011. # Imagion AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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]. # Case T-463/08.
ECLI:EU:T:2011:318
62008TJ0463
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(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)
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:
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.