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.

Subject of the case

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

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Operative part

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.