Source: EURLEX
Language: en
Format: md

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| 26.1.2008 | EN | Official Journal of the European Union | C 22/47 |

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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

Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by D. Rzążewska, legal adviser)

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

Form of order sought

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2007 in Case R 1275/2006-4 in its entirety; |

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| — | 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)](#ntr1-C_2008022EN.01004701-E0001) since, in the applicant's submission, the sign ‘300’ is neither descriptive nor devoid of distinctive character in relation to the goods and services indicated.

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