Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 19 November 2009 – Agencja Wydawnicza Technopol v OHIM (350, 250
and 150)**

**(Joined Cases T-64/07 to T-66/07)**

Community trade mark – Applications for Community word marks 350, 250 and 150 – Absolute grounds 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 25-31)

**Re:**

|  |  |
| --- | --- |
|  | Three actions brought against the decisions of the Fourth Board of Appeal of OHIM of 21 December 2006 (Cases R 1033/2006-4, R 1034/2006-4 and R 1035/2006-4) concerning applications for registration of word marks 350, 250 and 150 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 350, 250 and 150 for goods 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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