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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 - 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.
ECLI:EU:C:2011:417
62010CO0056
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(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
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.