21.3.2009

EN

Official Journal of the European Union

C 69/48

(Case T-15/09)

(2009/C 69/105)

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

—annulment of the decision of the Fourth Board of Appeal of OHIM of 18 November 2008, Case R 70/2006-4, in that it refused registration of the Community trade mark application EURO AUTOMATIC CASH No 4 114 864 with regard to the entirety of the goods and services claimed in Classes 9, 35, 36, 37, 38 and 42;

—registration of the application for Community trade mark EURO AUTOMATIC CASH No 4 114 864 for all the goods and services referred to in the application filed;

—OHIM to be ordered to pay the costs of the applicant incurred in the proceedings before OHIM and in the present action, under 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: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) and of Article 7(2) of Council Regulation No 40/94, since the trade mark applied for is not descriptive and has the necessary distinctive character.