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Case C-51/10 P: Appeal brought on 1 February 2010 by Agencja Wydawnicza Technopol sp. z o.o. against the judgment of the General Court (Second Chamber) delivered on 19 November 2009 in Case T-298/06: gencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
ECLI:EU:UNKNOWN:62010CN0051
62010CN0051
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Official Journal of the European Union
C 113/17
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(Case C-51/10 P)
2010/C 113/25
Language of the case: English
Parties
Appellant: Agencja Wydawnicza Technopol sp. z o.o. (represented by: A. von Mühlendahl, H. Hartwig, Rechtsanwälte)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The appellant claims that the Court should:
—Annul the Judgment of the Court of First Instance of 19 November 2009 in Case T-298/2006
—Refer the case back to the General Court
—Order OHMI to bear the costs of the proceedings before the Court of Justice
Pleas in law and main arguments
The Appellant claims that the Court of First Instance violated Article 7 (1) (c) CTMR (1) in the it applied erroneous legal criteria in determining that the Appellant's mark was not registrable.
The Appellant further claims that the Court of First Instance violated Article 7 (1) (c) CTMR or Article 76 CTMR, or both of these provisions, in not taken proper account of the practice of OHMI as regards registration of marks consisting of numerals or indication the content of publications.
Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark
OJ L 11, p. 1
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