Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 6.11.2010 | EN | Official Journal of the European Union | C 301/48 |

---

Action brought on 6 September 2010 — Euro-Information v OHIM (EURO AUTOMATIC CASH)

(Case T-392/10)

()

2010/C 301/77

Language in which the application was lodged: French

Parties

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

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

Form of order sought

|  |  |
| --- | --- |
| — | Annul the decision of 17 June 2010 of the Second Board of Appeal of OHIM in Case R 892/2010-2 in so far as it dismissed the application for trade mark No 004114864 in respect of goods and services in Classes 9, 35, 36, 37, 38 and 42; |

|  |  |
| --- | --- |
| — | Order OHIM to pay the costs incurred by the applicant in the proceedings before OHIM and in the present action, pursuant to 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: Partial annulment of the examiner’s decision; partial refusal for 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.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009, as the mark is not descriptive but, on the contrary, is distinctive for all of the goods and services in respect of which registration was refused.

---

[Top](#document1)