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20.12.2008 |
EN |
Official Journal of the European Union |
C 327/39 |
Action brought on 19 October 2008 — Imagion v OHIM (DYNAMIC HD)
(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
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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 |
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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:
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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; |
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Infringement of Article 7(3) of Regulation No 40/94 in that the trade mark applied for has acquired distinctive character through use; |
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Breach of the duty to state reasons; |
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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).