Action brought on 6 June 2007 - Agencja Wydawnicza Technopol v OHIM ('555')

(Case T-202/07)

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

set aside in its entirety decision no R 1278/2006-4 delivered on 22 March 2007 by the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Community trade mark concerned: word mark '555' for goods in Class 16

Decision of the Examiner: registration refused

Decision of the Board of Appeal: appeal dismissed

Pleas in law: misapplication 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 '555', 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).