Action brought on 18 October 2006 - Agencja Wydawnicza Technopol v OHIM (1000)

(Case T-298/06)

Language of the case: English

Parties

Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by: V. von Bomhard, A. Renck and T. Dolde, lawyers)

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 7 August 2006 in case No R 447/2006-4; and

order that the costs of the proceedings be borne by the defendant.

Pleas in law and main arguments

Community trade mark concerned: Word mark '1000' for goods and services in classes 16, 28 and 41 - application No 4 372 264

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 7(1)(b) of Council Regulation No 40/94 as numerals in principle, according to the applicant, are not devoid of distinctive character and can function as an indication of origin in the same way as words.

Violation of Article 7(1)(c) of the regulation as the trade mark applied for is not descriptive since consumers confronted with the trade mark '1000' on printed articles will not be able to deduct any information about the characteristics of the goods concerned.

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