Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 15.8.2008 | EN | Official Journal of the European Union | C 209/48 |

---

Judgment of the Court of First Instance of 9 July 2008 — Hartmann v OHIM (E)

(Case T-302/06)[(1)](#ntr1-C_2008209EN.01004801-E0001)

(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)

(2008/C 209/83)

Language of the case: German

Parties

Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: K. Gründig-Schnelle, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

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.

Operative part of the judgment

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. |

---

[Top](#document1)