Action brought on 2 March 2007 - Agencja Wydawnicza Technopol v OHIM - ('350')

(Case T-64/07)

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza Technopol, Sp. z o. o. (Częstochowa, Republic of Poland) (represented by: D. Rzążewska, lawyer)

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

Form of order sought

set aside in its entirety the decision delivered on 21 December 2006 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case No R 1033/2006-4;

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: word mark '350' for goods in Class 16

Decision of the Examiner: registration refused

Decision of the Board of Appeal: appeal dismissed

Pleas in law: incorrect application of the provisions of Article 7(1)(b) and (c) of Regulation No 40/94 on the Community trade mark, ¹ inasmuch as, according to the applicant, the designation '350', in relation to the goods indicated, is neither descriptive nor devoid of distinctive character.

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