Action brought on 19 September 2011 - Euro-Information v OHIM (EURO AUTOMATIC PAIEMENT)

(Case T-497/11)

Language of the case: French

Parties

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

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

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 July 2011 in Case R 370/2011-2;

Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs incurred by the applicant in the proceedings before OHIM and in the present case

Pleas in law and main arguments

Community trade mark concerned: the word mark 'EURO AUTOMATIC PAIEMENT' for goods and services in Classes 9, 35, 36, 37, 38, 42 and 45

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(c) of Regulation No 207/2009 in so far as the mark submitted for registration is not descriptive.

____________