Case T-245/06: Action brought on 4 September 2006 — Euro-Information v OHIM (CYBERGUICHET )
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Internet, action for annulment (EU), banking, trade-mark law

C 261/26

EN

Official Journal of the European Union

28.10.2006

Proprietor of the mark or sign cited in the opposition proceedings:
The applicant

Decision of the Board of Appeal: Dismissal of appeal

Mark or sign cited in opposition: National figurative mark (No
2 047 511) EL CHARCUTERO for goods in Class 29

Decision of the Opposition Division: Rejection of the opposition
and registration of the mark applied for

Pleas in law: The applicant claims that, contrary to that which
the Board of Appeal of OHIM stated in the contested decision,
its trade mark is arbitrary and has a sufficiently distinctive char-
acter as required by Council Regulation No 40/94 (1) in relation
to the goods and services claimed.

Decision of the Board of Appeal: Dismissal of the appeal

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1)

Pleas in law: Misapplication of Article 8(1)(b) of Regulation (EC)
No 40/94 on the Community trade mark

Action brought on 4 September 2006 — Euro-Information
v OHIM (CYBERGUICHET )

(Case T-245/06)

(2006/C 261/49)

Language in which the application was lodged: French

Parties

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

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

Form of order sought by the applicant

— annulment of the whole of the decision of the First Board
of Appeal of OHIM of 5 July 2006, Case R 67/2006-1,
which refused the registration of CYBERGUICHET as a
Community trade mark under application No 4 114 575 in
respect of all the goods and services claimed in Classes 9,
36 and 38;

— registration of CYBERGUICHET as a Community trade
mark under application No 4 114 575 in respect of all the
goods and services claimed.

Action brought on 8 September 2006 — Redcats v OHIM
— Revert & Cía (REVERIE)

(Case T-246/06)

(2006/C 261/50)

Language in which the application was lodged: English

Parties

Applicant: Redcats SA (Roubaix, France)
Bertrand, lawyer)

(represented by: A.

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

Other party to the proceedings before the Board of Appeal: Manuel
Revert y Cia SA (Onteniente, Spain)

Form of order sought

— […] Thus the contested decision of the Board of Appeal of

the OHIM must be reversed.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘REVERIE’ for
goods in classes 16, 20 and 24 — application No 2 146 447

Community trade mark concerned: Work mark ‘CYBERGUICHET’
for goods and services in Classes 9, 36 and 38 (application No
4 114 575)

Proprietor of the mark or sign cited in the opposition proceedings:
Manuel Revert y Cía., SA

Decision of the examiner: Refusal of registration

Mark or sign cited: The Community figurative mark ‘REVERT’
for goods and services in classes 24, 25 and 39