Language of document :

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

(Case T-15/09) 1

(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))

Language of the case: French

Parties

Applicant: Européenne de traitement de l'information (Euro-Information) (Strasbourg, France) (represented by: A. Grolée, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

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

Operative part of the judgment

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.

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1 - OJ C 69, 21.3.2009.