CELEX: 62006TJ0302
Community trade mark
Application for the Community word mark ‘E’
Absolute ground for refusal
Lack of distinctive character
Error of law
Lack of real assessment
Article 7(1)(b) of Regulation (EC) No 40/94

ACTION against the decision of the Fourth Board of Appeal of OHIM of 5 September 2006 (Case R 805/2006-4) concerning an application
for registration of the word mark ‘E’ as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Paul Hartmann AG
Community trade mark sought:
Word mark E for goods in Classes 5, 10 and 25 – Application No 4316949
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
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 5 September 2006 (Case R 805/2006-4);
2.
Orders OHIM to pay its own costs as well as those of Paul Hartmann AG.