28.10.2006

Official Journal of the European Union

C 261/26

Action brought on 4 September 2006 — Euro-Information v OHIM (CYBERGUICHET )

(Case T-245/06)

(2006/C 261/49)

Language in which the application was lodged: French

Parties

Applicant: Européenne de traitement de l'information SAS (Euro-Information) (Strasbourg, France) (represented by: P. Greffe, A. Jacquet and J. Schouman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Form of order sought by the applicant

—	annulment of the whole of the decision of the First Board of Appeal of OHIM of 5 July 2006, Case R 67/2006-1, which refused the registration of CYBERGUICHET as a Community trade mark under application No 4 114 575 in respect of all the goods and services claimed in Classes 9, 36 and 38;

—	registration of CYBERGUICHET as a Community trade mark under application No 4 114 575 in respect of all the goods and services claimed.

Pleas in law and main arguments

Community trade mark concerned: Work mark ‘CYBERGUICHET’ for goods and services in Classes 9, 36 and 38 (application No 4 114 575)

Decision of the examiner: Refusal of registration

Decision of the Board of Appeal: Dismissal of appeal

Pleas in law: The applicant claims that, contrary to that which the Board of Appeal of OHIM stated in the contested decision, its trade mark is arbitrary and has a sufficiently distinctive character as required by Council Regulation No 40/94 (1) in relation to the goods and services claimed.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)