ECLI:EU:T:2009:452

Judgment of the Court of First Instance (Second Chamber) of 19 November 2009 – Agencja Wydawnicza Technopol v OHIM (222, 333 and 555) (Joined Cases T-200/07 to T-202/07) Community trade mark – Applications for Community word marks 222, 333 and 555 – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 26-32) Re: Three actions brought against the decisions of the Fourth Board of Appeal of OHIM of 22 March 2007 (Cases R 1276/2006-4, R 1277/2006-4 and R 1278/2006-4), concerning the applications for registration of the word marks 222, 333 and 555 as Community trade marks. Information relating to the case Applicant for the Community trade mark: Agencja Wydawnicza Technopol sp. z o.o. Community trade mark sought: Word marks 222, 333 and 555 for products in Class 16 Decision of the Examiner: Registrations refused Decision of the Board of Appeal: Appeals dismissed Operative part The Court: 1. Dismisses the actions; 2. Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.