Number is up for numeral trade marks at the CFI

    February 2010

    In joined Cases T-425/07 and T-426/07, T-298/06, T-200/07 to 202/07 and T-64/07 to 66/07, Agencja Wydawnicza Technopol sp. zo.o. v OHIM (19 November 2009), the CFI has upheld OHIM's refusal of nine marks consisting of a combination of numerals.

    In 2004, Agencja applied to OHIM for registration of two figurative marks which incorporated the numbers 100 and 300 respectively, printed in bubble typography and with a yellow strip above the relevant number and a red ribbon below, Each application covered goods and services in classes 16, 28 and 41.

    The examiner refused to register either figurative mark for classes 16 and 28 on the basis that, for these classes, the marks were descriptive and the colours and graphics used would not affect this conclusion. On appeal, Agencja refused to disclaim an exclusive right to the non-distinctive elements 100 and 300 and its appeal was dismissed.