26.1.2008

Official Journal of the European Union

C 22/46

Action brought on 16 November 2007 — Agencja Wydawnicza Technopol v OHIM (100)

(Case T-425/07)

(2008/C 22/87)

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by D. Rzążewska, legal adviser)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

—	annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2007 in Case R 1274/2006-4 in its entirety;

—	order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘100’ for goods and services in Classes 16, 28 and 41 (Application No 3 875 408).

Decision of the Examiner: Refusal of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Incorrect application of Articles 7(1)(b) and (c) of Regulation No 40/94 on the Community trade mark (1) since, in the applicant's submission, the sign ‘100’ is neither descriptive nor devoid of distinctive character in relation to the goods and services indicated.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 (OJ 1994 L 11, p. 1).