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Case C-282/09 P: Order of the Court (Fifth Chamber) of 18 March 2010 — Caisse fédérale du Crédit mutuel Centre Est Europe (CFCMCEE) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) and (c) — Refusal to register — Overall assessment with regard to the goods and services referred to in the application for registration — Goods and services constitute homogeneous groups — Appeal in part manifestly unfounded and in part manifestly inadmissible)
ECLI:EU:UNKNOWN:62009CA0282
62009CA0282
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Valentina R., lawyer
5.6.2010
Official Journal of the European Union
C 148/11
(Case C-282/09 P) (<span class="super">1</span>)
(Appeal - Article 119 of the Rules of Procedure - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b) and (c) - Refusal to register - Overall assessment with regard to the goods and services referred to in the application for registration - Goods and services constitute homogeneous groups - Appeal in part manifestly unfounded and in part manifestly inadmissible)
2010/C 148/17
Language of the case: French
Parties
Appellant: Caisse fédérale du Crédit mutuel Centre Est Europe (CFCMCEE) (represented by: P. Greffe and L. Paudrat, avocats)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Re:
Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 20 May 2009 in Joined Cases T-405/07 and T-406/07 CFCMCEE v OHIM, by which the Court dismissed the actions brought by the appellant against the decision of the First Board of Appeal of OHIM of 10 July and 12 September 2007, dismissing its actions against the examiner’s refusal to register as trade marks of the word signs PAYWEB CARD and P@YWEB CARD for the goods and services within Classes 9, 36 and 38 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 — Infringement of Article 7(1)(b) and Article 73 of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Need for a separate examination of each of the grounds of refusal to register set out in Article 7(1) of that regulation — The requirement of reasons for the refusal to register with regard to each of the goods and services referred to in the application for registration — Goods and services constitute homogeneous groups
Operative part of the order
The Court:
1.Dismisses the appeal;
2.Orders the Caisse fédérale du Crédit mutuel Centre Est Europe (CFCMCEE) to pay the costs.
(<span class="super">1</span>) OJ C 233, 26.9.2009.