Judgment — ECLI:EU:T:2009:452
Date: 2009-11-19
Language of the case: Polish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Poland

Action brought on 6 June 2007 - Agencja Wydawnicza Technopol v OHIM (222) (Case T-200/07) Language of the case: Polish Parties Applicant: Agencja Wydawnicza 'Technopol' Sp. z o. o. (represented by D. Rzążewska, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought annul in its entirety the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 March 2007 in Case R 1276/2006-4; order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: word mark '222' for goods in Class 16 Decision of the Examiner: registration refused Decision of the Board of Appeal: appeal dismissed Pleas in law: incorrect application of Article 7(1)(b) and (c) of Regulation No 40/94 on the Community trade mark, 1 in that, according to the applicant, the designation '222' is neither descriptive nor non-distinctive for the goods referred to ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993, OJ L 11, 14.1.1994, p. 1.