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Case T-15/09: Judgment of the General Court of 9 March 2010 — Euro-Information v OHIM (EURO AUTOMATIC CASH) (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))
ECLI:EU:UNKNOWN:62009TA0015
62009TA0015
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Official Journal of the European Union
C 113/43
(Case T-15/09) (<span class="super">1</span>)
(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))
2010/C 113/69
Language of the case: 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) (represented by: A. Folliard-Monguiral, acting as Agent)
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
Operative part of the judgment
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.
(<span class="super">1</span>) OJ C 69, 21.3.2009.