Case T-426/07: Action brought on 16 November 2007 — Agencja Wydawnicza Technopol v OHIM (300)
Date: 2007-11-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

26.1.2008

EN

Official Journal of the European Union

C 22/47

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Pleas in law and main arguments

Form of order sought

— annul the decision of the Fourth Board of Appeal of the
(Trade
and Designs) of 3 September 2007 in Case

Office for Harmonisation in the Internal Market
Marks
R 1274/2006-4 in its entirety;

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘300’ for goods and
services in Classes 16, 28 and 41 (Application No 3 875 416).

Decision of the Examiner: Refusal of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application of Articles 7(1)(b) and (c) of
Regulation No 40/94 on the Community trade mark (1) since,
in the applicant's submission, the sign ‘300’ is neither descrip-
tive nor devoid of distinctive character in relation to the goods
and services indicated.

Community trade mark concerned: Word mark ‘100’ for goods and
services in Classes 16, 28 and 41 (Application No 3 875 408).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 (OJ 1994

L 11, p. 1).

Decision of the Examiner: Refusal of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application of Articles 7(1)(b) and (c) of
Regulation No 40/94 on the Community trade mark (1) since,
in the applicant's submission, the sign ‘100’ is neither descrip-
tive nor devoid of distinctive character in relation to the goods
and services indicated.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 (OJ 1994

L 11, p. 1).

Action brought on 16 November 2007 — Agencja
Wydawnicza Technopol v OHIM (300)

(Case T-426/07)

(2008/C 22/88)

Language of the case: Polish

Parties

Action brought on 16 November 2007 — Mirto
Corporación Empresarial v OHIM — Maglificio Barbara
(Mirtillino)

(Case T-427/07)

(2008/C 22/89)

Language in which the application was lodged: Spanish

Parties

Applicant: Mirto Corporación Empresarial, S.L. (Madrid, Spain)
(represented by: E. Armijo Chávarri, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Maglificio Barbara Srl

Form of order sought

— Annul the Decision of the Second Board of Appeal of OHIM
of 28 August 2007 in Case R 875/2006-2 and order
expressly that OHIM pay the costs.

Applicant: Agencja Wydawnicza
(Częstochowa, Poland)
adviser)

z
(represented by D. Rzążewska,

Technopol

sp.

o.o.
legal

Pleas in law and main arguments

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Form of order sought

— annul the decision of the Fourth Board of Appeal of the
(Trade
and Designs) of 3 September 2007 in Case

Office for Harmonisation in the Internal Market
Marks
R 1275/2006-4 in its entirety;

— order the defendant to pay the costs.

Applicant for a Community trade mark: Maglificio Barbara Srl

Community trade mark concerned: Figurative mark ‘Mirtillino’ for
goods in Classes 3, 18 and 25 (application No 3 252 467)

Proprietor of the mark or sign cited in the opposition proceedings:
Creaciones Mirto, S.A.; the applicant following transfer of the
marks at issue in the opposition proceedings.

Mark or sign cited in opposition: Word mark ‘MIRTO’ (Community
trade mark No 1 653 351) for goods in Classes 3, 18 and 25
and a number of other national word and figurative marks
‘MIRTO’.