ECLI:EU:T:2007:294

Judgment of the Court of First Instance (Third Chamber) of 20 September 2007 – Imagination Technologies v OHIM (PURE DIGITAL) (Case T-461/04) 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 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (c)) (see paras 36-37, 54) 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. Information relating to the case Applicant for the Community trade mark: Imagination Technologies Ltd Community trade mark sought: Word mark PURE DIGITAL for goods and services in classes 9 and 38 – Application No 2396075 Decision of the Examiner: Refusal of registration Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders the applicant to pay the costs.