Judgment of the General Court (Fourth Chamber) of 24 May 2011 – Euro‑Information v OHIM (EURO AUTOMATIC CASH)

(Case T-392/10)

Community trade mark – Application for Community word mark EURO AUTOMATIC CASH – Absolute grounds for refusal – Descriptive character – 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 para. 59)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 June 2010 (Case R 892/2010-2) 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:	Euro-Information – Européenne de traitement de l’information
Community trade mark sought:	Word mark EURO AUTOMATIC CASH for goods and services in Classes 9, 35 to 38 and 42 – Application No 4114864
Decision of the examiner:	Registration refused
Decision of the Board of Appeal:	Partial annulment of the examiner’s decision; partial refusal of registration of the trade mark applied for; decision taken subsequent to the General Court’s judgment in Case T-15/09 Euro-Information v OHIM (EURO AUTOMATIC CASH), judgment of 9 March 2010, not published in the ECR

Operative part

The Court:

1. Dismisses the action;

2. 2. Orders Euro-Information – Européenne de traitement de l'information to pay the costs.