Judgment — ECLI:EU:T:2009:128
Date: 2009-04-29
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Registration procedure;Statement of reasons;Word marks;Effects of a mark
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance of 29 April 2009 - Enercon v OHIM (E-Ship) (Case T-81/08) 1 (Community trade mark - Application for the Community word mark E-Ship - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94) Language of the case: German Parties Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm and V. Henke, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent) Re: Action brought against the decision of the First Board of Appeal of OHIM of 4 December 2007 (Case R 319/2007-1), relating to an application for registration of the sign E-ship as a Community trade mark Operative part of the judgment The Court: 1. dismisses the action; 2. orders Enercon GmbH to pay the costs. ____________ 1 - OJ C 107, 26.4.2008.