Source: EURLEX
Language: en
Format: md

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| 4.8.2007 | EN | Official Journal of the European Union | C 183/36 |

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Action brought on 6 June 2007 — Agencja Wydawnicza Technopol v OHIM (‘555’)

(Case T-202/07)

(2007/C 183/70)

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza ‘Technopol’ Sp. z o.o. (represented by: D. Rzążewska, lawyer)

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

Form of order sought

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| — | set aside in its entirety decision no R 1278/2006-4 delivered on 22 March 2007 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |

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| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: word mark ‘555’ for goods in Class 16

Decision of the Examiner: registration refused

Decision of the Board of Appeal: appeal dismissed

Pleas in law: misapplication of the provisions of Article 7(1)(b) and (c) of Regulation No 40/94 on the Community trade mark[(1)](#ntr1-C_2007183EN.01003601-E0001), inasmuch as, according to the applicant, the designation ‘555’, in relation to the goods indicated, is neither descriptive nor devoid of distinctive character.

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