CELEX: 62010CA0051
Language: en
Date: 2011-03-10 00:00:00
Title: Case C-51/10 P: Judgment of the Court (First Chamber) of 10 March 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Sign composed exclusively of numerals — Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers — Allegedly descriptive character of that sign — Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 — Obligation on OHIM to take into account its previous decision-making practice)

7.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 139/10
            
         Judgment of the Court (First Chamber) of 10 March 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-51/10 P) (1)
   
   (Appeal - Community trade mark - Sign composed exclusively of numerals - Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers - Allegedly descriptive character of that sign - Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 - Obligation on OHIM to take into account its previous decision-making practice)
   2011/C 139/15
   Language of the case: English
   
      Parties
   
   
      Appellant: Agencja Wydawnicza Technopol sp. z o.o. (represented by: A. von Mühlendahl, Rechtsanwalt)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Case T-298/06 Agencja Wydawnicza Technopol v OHIM by which that Court dismissed an action for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 August 2006 in Case R 447/2006-4 dismissing the appeal against the examiner’s decision refusing to register the word mark ‘1000’ for goods and services in Classes 16, 28 and 41 — Infringement of Article 7(1)(c) of Regulation (EC) No 40/94
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.
            
         
      (1)  OJ C 113, 1.5.2010.