Judgment of the General Court of 30 June 2011 - Imagion v OHIM (DYNAMIC HD)
(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.
____________1 - OJ C 327, 20.12.2008