Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fourth Chamber) of 24 May 2011 – Euro‑Information v OHIM (EURO AUTOMATIC CASH)**

**(Case T-392/10)**

Community trade mark – Application for Community word mark EURO AUTOMATIC CASH – Absolute grounds for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
No 40/94, Art. 7(1)(c)) (see para. 59)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 June 2010 (Case R 892/2010-2) 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: | Euro-Information – Européenne de traitement de l’information |
| Community trade mark sought: | Word mark EURO AUTOMATIC CASH for goods and services in Classes 9, 35 to 38 and 42 – Application No 4114864 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Partial annulment of the examiner’s decision; partial refusal of registration of the trade mark applied for; decision taken subsequent to the General Court’s judgment in Case T-15/09 *Euro-Information* v *OHIM* (EURO AUTOMATIC CASH), judgment of 9 March 2010, not published in the ECR |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Euro-Information – Européenne de traitement de l'information to pay the costs. |

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