CELEX: 62009TJ0015
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)

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.