Case C-20/08 P: Order of the Court (Sixth Chamber) of 9 December 2008 — Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Three-dimensional mark made up of the shape of the product — Regulation (EC) No 40/94 — Article 7(1) — Distinctive character of the mark — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2008-12-09
Institutions: Court of Justice
Subjects: EC action to establish liability, EU trade mark, European Union Intellectual Property Office, appeal, trade-mark law

C 69/14

EN

Official Journal of the European Union

21.3.2009

Order of the Court (Sixth Chamber) of 9 December 2008
— Enercon GmbH v Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

Order of the Court (Seventh Chamber) of 13 November
2008 — Miguel Cabrera
for
Harmonisation in the Internal Market (Trade Marks and
Designs) and Industrias Cárnicas Valle SA

v Office

Sánchez

(Case C-20/08 P) (1)

(Case C-81/08 P) (1)

(Appeal — Community trade mark — Three-dimensional
mark made up of the shape of the product — Regulation (EC)
No 40/94 — Article 7(1) — Distinctive character of the mark
— Appeal in part manifestly inadmissible and in part mani-
festly unfounded)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 8(1)(b) — Likelihood of confusion —
Mixed word and figurative mark — Opposition by the
proprietor of an earlier mark)

(2009/C 69/23)

Language of the case: German

(2009/C 69/24)

Language of the case: Spanish

Parties

Parties

Appellant: Enercon GmbH (represented by: R. Böhm and U.
Sander, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: G.
Schneider, agent)

Appellant: Miguel Cabrera Sánchez (represented by: J. Calderón
Chavero, abogado)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: J.
García Murillo, Agent) and Industrias Cárnicas Valle SA

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 15 November 2007 in Case T-71/06 Enercon
GmbH v OHIM, by which the Court of First Instance dismissed
the action for annulment of the decision of the Second Board of
Appeal of OHIM of 30 November 2005 rejecting the action for
the examiner's decision refusing to register a
annulment of
three-dimensional Community trade mark depicting the outer
casing of the nacelle of a wind turbine for goods in Class 7 —
Distinctive character of a three-dimensional mark made up of
the shape of the product

Re:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 13 December 2007 in Case T-242/06
Cabrera Sánchez v OHIM and Industrias Cárnicas Valle, by which
the
the Court dismissed the action against
First Board of Appeal of OHIM of 15 June 2006 (Case
R 790/2005-01), relating to opposition proceedings between
Miguel Cabrera Sánchez and Industrias Cárnicas Valle SA.

the decision of

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

1. The appeal is dismissed.

2. Enercon GmbH is ordered to pay the costs.

2. Mr Cabrera Sánchez shall pay the costs.

(1) OJ C 79, 29.3.2008.

(1) OJ C 128, 24.5.2008.