Case T-21/09: Action brought on 16 January 2009 — Eurotel SpA v OHIM
Date: 2009-01-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Italy, action for annulment (EU), trade-mark law

C 69/48

EN

Official Journal of the European Union

21.3.2009

Sixth, the applicant takes issue with the reasoning employed by
the Committee on Legal Affairs to the effect that ‘an MEP's
duties do not include acting as responsible editor for a national
party newspaper’. The applicant takes the view that one of the
tasks of a politician is to express and disseminate a political
opinion, and the publication and drafting, as the responsible
editor, of political tracts and publications is, in particular, part
of the task of a member of the European Parliament.

Pleas in law:
Infringement of Article 7(1)(b) and (c) and of
Article 7(2) of Council Regulation No 40/94, since the trade
mark applied for is not descriptive and has the necessary
distinctive character.

Action brought on 15 January 2009 — Euro-Information v
OHIM (EURO AUTOMATIC CASH)

Action brought on 16 January 2009 — Eurotel SpA v
OHIM

(Case T-21/09)

(2009/C 69/106)

Language in which the application was lodged: Italian

(Case T-15/09)

(2009/C 69/105)

Parties

Language in which the application was lodged: French

Parties

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

(Strasbourg, France)

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

Form of order sought

— annulment of the decision of the Fourth Board of Appeal of
OHIM of 18 November 2008, Case R 70/2006-4, in that it
refused registration of the Community trade mark applica-
tion EURO AUTOMATIC CASH No 4 114 864 with regard
to the entirety of the goods and services claimed in Classes 9,
35, 36, 37, 38 and 42;

— registration of the application for Community trade mark
EURO AUTOMATIC CASH No 4 114 864 for all the goods
and services referred to in the application filed;

— OHIM to be ordered to pay the costs of

the applicant
incurred in the proceedings before OHIM and in the present
action, under Article 87 of the Rules of Procedure.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘EURO AUTO-
MATIC CASH’ for goods and services in Classes 9, 35, 36, 37,
38 and 42 — application No 4 114 864

Decision of the Examiner: Refusal of the application for registra-
tion

Decision of the Board of Appeal: Dismissal of the appeal

Applicant: Eurotel SpA (Milan, Italy) (represented by: F. Paola,
lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM:
DVB Project

Form of order sought

— Annul the decision of

the Board of Appeal and, conse-
quently, declare invalid the figurative Community mark
‘DVB’, which is manifestly contrary to the spirit and wording
of Article 7(1)(b), (c) and (d) of the Regulation on the Com-
munity trade mark;

— Order OHIM to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of
invalidity has been sought:
(registration
application No 2.75.771), for goods and services in Classes 9
and 38.

figurative mark ‘DVB’

Proprietor of the Community trade mark: DVB Project.

Applicant for the declaration of invalidity: the applicant.

Trade mark right of applicant for the declaration: the party seeking a
declaration of invalidity is not claiming any trade mark right,
but argues that the mark in question is descriptive and generic.

Decision of the Cancellation Division: application for declaration of
invalidity dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law:
(c) and (d) of
Infringement of Article 7(1)(b),
Council Regulation (EC) No 40/94 of 20 December 1993 on
the Community trade mark.