Language of document :

Judgment of the General Court of 30 June 2011 - Imagion v OHIM (DYNAMIC HD)

(Case T-463/08) 1

(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])

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) (represented by: S. Schäffner, Agent)

Re:

Action brought 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.

Operative part of the judgment

The Court:

1.    Dismisses the appeal;

2.    Orders Imagion AG to pay the costs.

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1 - OJ C 327, 20.12.2008