Order — ECLI:EU:C:2016:53
Date: 2016-01-21
Language of the case: German
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Germany

Order of the Court (Sixth Chamber) of 21 January 2016 — Enercon v OHIM (Case C‑170/15 P) Appeal — Community trade mark — Regulation No 207/2009 — Article 43(2) — Amendment of Community trade mark — Reclassification of a colour mark as a figurative mark — Article 7(1)(b) — No distinctive character — Refusal of registration — Colour mark made up of certain nuances of the colour green 1. Community trade mark — Registration procedure — Withdrawal, restriction and amendment of the trade mark application — Reclassification of a colour mark as a figurative mark (Council Regulation No 207/2009, Art. 43(2) (see paras 19, 21, 22) 2. Community trade mark — Definition and acquisition of the Community trade mark — Absolute grounds for refusal — Marks devoid of any distinctive character — Recognition of a colour per se as having distinctive character — Acquisition through use (Council Regulation No 207/2009, Art. 7(1)(b)) (see para. 31) Operative part 1. The appeal is dismissed. 2. Enercon GmbH is ordered to pay the costs.