CELEX: 62010CO0056
Language: en
Date: 2011-06-22 00:00:00
Title: Order of the Court (Seventh Chamber) of 22 June 2011. # Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Figurative marks 100 and 300 - Refusal of registration - Regulation (EC) No 40/94 - Article 7(1)(b) and (c) - Distinctive character - Descriptive character - Article 38(2) - Disclaimer of any exclusive right to a non-distinctive element of a trade mark applied for. # Case C-56/10 P.

Order of the Court (Seventh Chamber) of 22 June 2011 – Agencja Wydawnicza Technopol v OHIM
      (Case C-56/10 P)
      Appeal – Community trade mark – Figurative marks 100 and 300 – Refusal of registration – Regulation (EC) No 40/94 – Article 7(1)(b) and (c) – Distinctive character – Descriptive character – Article 38(2) – Disclaimer of any exclusive right to a non-distinctive element of a trade mark applied for
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Overlapping
            of the fields of application of the grounds set out in Article 7(1)(b) and (c) of Regulation No 40/94 (Council Regulation
            No 40/94, Art. 7(1)(b) and (c)) (see para. 29)
      2.                     Community trade mark – Effects of the Community trade mark – Limitations – Article 12(b) of Regulation No 40/94 – Purpose
            – No decisive effect on the interpretation of Article 7(1)(b) and (c)) of that regulation (Council Regulation No 40/94, Arts
            7(1)(c) and 12(b)) (see para. 58)
      3.                     Community trade mark – Decisions of the Office – Principle of equal treatment – Principle of sound administration – OHIM’s
            previous decision-making practice (see para. 65)
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Joined Cases T‑425/07
                  and T‑426/07 
               
               Agencja Wydawnicza Technopol
                v 
               OHIM
               , by which that court dismissed two actions brought against the decisions of the Fourth Board of Appeal of OHIM of 21 December
                  2006 (Cases R 1274/2006-4 and R 1275/2006-4), concerning the applications for registration of the word marks 100 and 300 as
                  Community trade marks – Infringement of Articles 7(1)(b) and (c) and 38(2) of Council Regulation (EC) No 40/94 of 20 December
                  1993 on the Community trade mark (OJ 1994 L 11, p. 1), as replaced by Council Regulation (EC) No 207/2009 of 26 February 2009
                  on the Community trade mark (OJ 2009 L 78, p. 1) – Descriptive character of marks composed exclusively of figures.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Agencja Wydawnicza Technopol sp. z o.o. is ordered to pay the costs.