Order of the Court (Seventh Chamber) of 22 June 2011.#Agencja Wydawnicza Technopol sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Figurative marks 100 and 300 - Refusal of registration - Regulation (EC) No 40/94 - Article 7(1)(b) and (c) - Distinctive character - Descriptive character - Article 38(2) - Disclaimer of any exclusive right to a non-distinctive element of a trade mark applied for.#Case C-56/10 P.

Subject of the case

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber) of 19 November 2009 in Joined Cases T‑425/07 and T‑426/07 Agencja Wydawnicza Technopol v OHIM , by which that court dismissed two actions brought against the decisions of the Fourth Board of Appeal of OHIM of 21 December 2006 (Cases R 1274/2006-4 and R 1275/2006-4), concerning the applications for registration of the word marks 100 and 300 as Community trade marks – Infringement of Articles 7(1)(b) and (c) and 38(2) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1), as replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) – Descriptive character of marks composed exclusively of figures.

Operative part

Operative part

1. The appeal is dismissed.

2. Agencja Wydawnicza Technopol sp. z o.o. is ordered to pay the costs.