Action brought on 4 May 2007 - Européenne de traitement de l'Information (Euro-Information) v OHIM

(Case T -155/07)

Language in which the application was lodged: French

Parties

Applicant: Européenne de traitement de l'Information (Euro-Information) (Strasbourg, France) (represented by: P. Greffe and J. Schouman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Form of order sought

annulment of the decision of the First Board of Appeal of OHIM of 28 February 2007 and notified on 8 March 2007, Case R 1046/2006-1, in so far as it refused registration of the Community trade mark CYBERBOURSE as set out in application No 4 114 682 in respect of some of the goods and services claimed in Classes 9, 36 and 38;

registration of the Community trade mark CYBERBOURSE as set out in application No 4 114 682 in respect of all of the goods and services claimed.

Pleas in law and main arguments

Community trade mark concerned: Word mark CYBERBOURSE for goods and services in Classes 9, 36 and 38 (application No 4 114 682)

Decision of the Examiner: Refusal to register

Decision of the Board of Appeal: Dismissal of the action

Pleas in law: The applicant states that, contrary to what the Board of Appeal of OHIM found in the contested decision, its trade mark is arbitrary and has sufficient distinctive character as required by Council Regulation No 40/94¹ in respect of the goods and services claimed.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).