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Judgment of the Court of First Instance (Second Chamber) of 19 November 2009. # Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark 1000 - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009). # Case T-298/06.
ECLI:EU:T:2009:449
62006TJ0298
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(Case T-298/06)
Community trade mark – Application for Community word mark 1000 – Absolute ground 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 24-31)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 August 2006 (Case R 447/2006-4), relating to the application for registration of the word mark 1000 as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark 1000 for goods and services in Classes 16, 28 and 41 – Application No 4372264
Decision of the Examiner:
Application refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.