CELEX: 62009TJ0015
Language: en
Date: 2010-03-09
Title: Judgment of the General Court (Second Chamber) of 9 March 2010. # Européenne de traitement de l’information (Euro-Information) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark EURO AUTOMATIC CASH - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Distinctive character - Article 7(1)(c) of Regulation (EC) No 40/94(now Article 7(1)(c) of Regulation (EC) No 207/2009). # Case T-15/09.

Judgment of the General Court (Second Chamber) of 9 March 2010 – Euro-Information v OHIM (EURO AUTOMATIC CASH)
      (Case T-15/09)
      Community trade mark – Application for Community word mark EURO AUTOMATIC CASH – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) – Distinctive character – Article 7(1)(c) of Regulation (EC) No 40/94 (now 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 paras 32, 37, 44)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 November 2008 (Case R 70/2006‑4) 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:
            
            
               Européenne de traitement de l’Information (Euro-Information)
            
         
               Community trade mark sought:
            
            
               Word mark EURO AUTOMATIC CASH for goods and services in Classes 9, 35, 36, 37, 38 and 42 – application No 4114864
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 18 November 2008 (Case R 70/2006-4);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay four fifths of the costs incurred by the parties before the Court;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Européenne de traitement de l'information (Euro-Information) to pay one fifth of the costs incurred by the parties
                     before the Court;
                  
               
            
         
                  4.
               
               
                  
               
               
                  	Orders OHIM to pay the essential costs incurred by the applicant for the purposes of the proceedings before the Board of Appeal
                     of OHIM.