CELEX: 62010CO0054
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 - Refusal to register signs '350', '250', '150', '222', '333' and '555' as trade marks for periodicals, books and game booklets - Regulation (EC) No 40/94 - Article 7(1)(c) - Descriptive character - Obligation on OHIM to take account of its earlier decision-making practice. # Joined cases C-54/10 P and C-55/10 P.

Order of the Court (Seventh Chamber) of 22 June 2011 – Agencja Wydawnicza Technopol v OHIM
      (Joined Cases C-54/10 P and C-55/10 P)
      Appeal – Community trade mark – Refusal to register signs ‘350’, ‘250’, ‘150’, ‘222’, ‘333’ and ‘555’ as trade marks for periodicals, books and game booklets
         – Regulation (EC) No 40/94 – Article 7(1)(c) – Descriptive character – OHIM obliged to take account of its earlier decision-making practice
      
      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)(c) of the regulation (Council Regulation No 40/94, Arts 7(1)(c)
         and 12(b)) (see para. 33)
      
      Re: 
      
         Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Joined Cases T-64/07
                  to T‑66/07 and in Joined Cases T-200/07 to T-202/07 
               
               Agencja Wydawnicza Technopol 
               v 
               OHIM
               , by which that court dismissed the six 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, R 1035/2006-4, R 1276/2006‑4, R 1277/2006–4 and R 1278/2006-4) concerning applications
                  for registration of the word marks 150, 250, 350, 222, 333 and 555 as Community trade marks – Infringement of Articles 7(1)(c)
                  and 76 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 appeals are dismissed. 
               
            
         
                  2.
               
               
                  
               
               
                  	Agencja Wydawnicza Technopol sp. z o.o. is ordered to pay the costs.