Source: EURLEX
Language: en
Format: md

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| 5.7.2008 | EN | Official Journal of the European Union | C 171/33 |

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Judgment of the Court of First Instance of 21 May 2008 — Enercon v OHIM (E)

(Case T-329/06)[(1)](#ntr1-C_2008171EN.01003301-E0001)

(Community trade mark - Application for Community word mark E - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)

(2008/C 171/59)

Language of the case: German

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented initially by R. Böhm, and subsequently by R. Böhm and U. Sander, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 September 2006 (Case R 394/2006-1) concerning the registration of the word mark E as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Orders Enercon GmbH to pay the costs. |

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