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Case C-56/10 P: 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) (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)
ECLI:EU:UNKNOWN:62010CB0056
62010CB0056
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Valentina R., lawyer
19.11.2011
Official Journal of the European Union
C 340/5
(Case C-56/10 P) (<span class="super">1</span>)
(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)
2011/C 340/08
Language of the case: Polish
Parties
Appellant: Agencja Wydawnicza Technopol sp. z o.o. (represented by: D. Rzążwska radca prawny)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
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 3 September 2007 (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 Article 7(1)(b) and (c), and Article 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 of the order
1.The appeal is dismissed,
(<span class="super">1</span>) OJ C 113, 1.05.2010.