Source: EURLEX
Language: en
Format: md

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| 21.3.2009 | EN | Official Journal of the European Union | C 69/48 |

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

(Case T-15/09)

(2009/C 69/105)

Language in which the application was lodged: French

Parties

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

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

Form of order sought

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| — | 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 application 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; |

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| — | 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; |

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| — | 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 AUTOMATIC 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 registration

Decision of the Board of Appeal: Dismissal of the appeal

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.

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