Source: EURLEX
Language: en
Format: md

**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**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Agencja Wydawnicza Technopol sp. z o.o. |
| Community trade mark sought: | Word marks 222, 333 and 555 for products in Class 16 |
| Decision of the Examiner: | Registrations refused |
| 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. |

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