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Case C-51/10 P: Judgment of the Court (First Chamber) of 10 March 2011 — Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Sign composed exclusively of numerals — Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers — Allegedly descriptive character of that sign — Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 — Obligation on OHIM to take into account its previous decision-making practice)
ECLI:EU:UNKNOWN:62010CA0051
62010CA0051
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Official Journal of the European Union
C 139/10
(Case C-51/10 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Sign composed exclusively of numerals - Application for registration of the sign ‘1000’ as a mark in respect of brochures, periodicals and newspapers - Allegedly descriptive character of that sign - Criteria for the application of Article 7(1)(c) of Regulation (EC) No 40/94 - Obligation on OHIM to take into account its previous decision-making practice)
2011/C 139/15
Language of the case: English
Parties
Appellant: Agencja Wydawnicza Technopol sp. z o.o. (represented by: A. von Mühlendahl, Rechtsanwalt)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Case T-298/06 Agencja Wydawnicza Technopol v OHIM by which that Court dismissed an action for annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 August 2006 in Case R 447/2006-4 dismissing the appeal against the examiner’s decision refusing to register the word mark ‘1000’ for goods and services in Classes 16, 28 and 41 — Infringement of Article 7(1)(c) of Regulation (EC) No 40/94
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.
(<span class="super">1</span>) OJ C 113, 1.5.2010.