Judgment of the Court of First Instance (Second Chamber) of 19 November 2009 – Agencja Wydawnicza Technopol v OHIM (1000)

(Case T-298/06)

Community trade mark – Application for Community word mark 1000 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 24-31)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 7 August 2006 (Case R 447/2006-4), relating to the application for registration of the word mark 1000 as a Community trade mark.

Information relating to the case

Operative part

The Court:

1.

Dismisses the action;

2.

Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.