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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.
ECLI:EU:C:2011:416
62010CO0054
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(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.