Judgment of the Court of First Instance of 20 September 2007 - Imagination Technologies v OHIM (PURE DIGITAL)
(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)
Language of the case: English
Parties
Applicant: Imagination Technologies (Kings Langley, Hertfordshire, United Kingdom) (represented by: M. Edenborough, Barrister, and P. Brownlow and N. Jenkins, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Schennen initially and subsequently by D. Botis, acting as Agents)
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
Operative part of the judgment
The Court:
Dismisses the action;
2. Orders the applicant to pay the costs.
____________1 - OJ C 57, 5.3.2005.