Action brought on 6 June 2007 - Agencja Wydawnicza Technopol v OHIM (222)

(Case T-200/07)

Language of the case: Polish

Parties

Applicant: Agencja Wydawnicza 'Technopol' Sp. z o. o. (represented by D. Rzążewska, lawyer)

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

Form of order sought

annul in its entirety the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 March 2007 in Case R 1276/2006-4;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: word mark '222' 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 Article 7(1)(b) and (c) of Regulation No 40/94 on the Community trade mark, ¹ in that, according to the applicant, the designation '222' is neither descriptive nor non-distinctive for the goods referred to

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993, OJ L 11, 14.1.1994, p. 1.