CELEX: 62006TJ0071
Community trade mark
Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine
Absolute grounds for refusal
Lack of distinctive character
Article 7(1)(b) and (3) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 November 2005 (Case R 179/2005-2) refusing
registration of a three-dimensional mark (a section of a wind turbine in the form of an American football) as a Community
trade mark.
Information relating to the case
Applicant for the Community trade mark:
Enercon GmbH
Community trade mark sought:
Three-dimensional mark representing the outer casing of the nacelle of a wind turbine for goods in Class 7 – Application No 2496743
Decision of the Examiner:
Refusal of registration
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Enercon GmbH to pay the costs.