Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 19 November 2009 – Agencja Wydawnicza Technopol v OHIM (1000)**

**(Case T-298/06)**

Community trade mark – Application for Community word mark 1000 – 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 24-31)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 August 2006 (Case R 447/2006-4), relating to the application for registration of the word mark 1000 as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Agencja Wydawnicza Technopol sp. z o.o. |
| Community trade mark sought: | Word mark 1000 for goods and services in Classes 16, 28 and 41 – Application No 4372264 |
| Decision of the Examiner: | Application refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs. |

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