Community trade mark Absolute ground for refusal Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009 Descriptive character Applications for Community word marks 222, 333 and 555
Sumário
Judgment of the Court of First Instance (Second Chamber) of 19 November 2009.
Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Applications for Community word marks 222, 333 and 555 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009.
Joined cases T-200/07 to T-202/07.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 19 November 2009 – Agencja Wydawnicza Technopol v OHIM (222, 333 and 555)
(Joined Cases T-200/07 to T-202/07)
Community trade mark – Applications for Community word marks 222, 333 and 555 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)
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 (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 26-32)
Re:
| Three actions brought against the decisions of the Fourth Board of Appeal of OHIM of 22 March 2007 (Cases R 1276/2006-4, R 1277/2006-4 and R 1278/2006-4), concerning the applications for registration of the word marks 222, 333 and 555 as Community trade marks. |
Information relating to the case
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Applicant for the Community trade mark: |
Agencja Wydawnicza Technopol sp. z o.o. |
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Community trade mark sought: |
Word marks 222, 333 and 555 for products in Class 16 |
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Decision of the Examiner: |
Registrations refused |
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Decision of the Board of Appeal: |
Appeals dismissed |
Operative part
The Court:
|
1. |
Dismisses the actions; |
|
2. |
Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs. |