Judgment of the General Court (Second Chamber) of 9 March 2010 – Euro-Information v OHIM (EURO AUTOMATIC CASH)

(Case T-15/09)

Community trade mark – Application for Community word mark EURO AUTOMATIC CASH – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) – Distinctive 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 32, 37, 44)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2008 (Case R 70/2006‑4) concerning an application for registration of the word sign EURO AUTOMATIC CASH as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Européenne de traitement de l’Information (Euro-Information)
Community trade mark sought:	Word mark EURO AUTOMATIC CASH for goods and services in Classes 9, 35, 36, 37, 38 and 42 – application No 4114864
Decision of the Examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 November 2008 (Case R 70/2006-4);

2. Orders OHIM to pay four fifths of the costs incurred by the parties before the Court;

3. Orders Européenne de traitement de l'information (Euro-Information) to pay one fifth of the costs incurred by the parties before the Court;

4. Orders OHIM to pay the essential costs incurred by the applicant for the purposes of the proceedings before the Board of Appeal of OHIM.