Source: EURLEX
Language: en
Format: md

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| 27.3.2010 | EN | Official Journal of the European Union | C 80/37 |

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Action brought on 26 January 2010 — Euro-Information v OHIM (EURO AUTOMATIC PAYMENT)

(Case T-28/10)

2010/C 80/62

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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| — | annul the decision of the Second Board of Appeal of 11 November 2009 in Case R 635/2009-2 inasmuch as it dismissed the trade mark application No 7 077 654 for the goods and services which are the subject of this action; |

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| — | grant Community trade mark application ‘EURO AUTOMATIC PAYMENT’ No 7 077 654 for all goods and services refused in Classes 9 and 36; |

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| — | order OHIM to pay the applicant’s costs incurred 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: Word mark ‘EURO AUTOMATIC PAYMENT’ for goods and services in Classes 9, 35, 36, 37, 38, 42 and 45 (Application for registration No 7 077 654).

Decision of the Examiner: Partial refusal of the registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 because, for all the goods and services refused for registration, the mark applied for is not descriptive but distinctive.

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