Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008 – Hartmann v OHIM (E)**

**(Case T-302/06)**

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

1.                     *Community trade mark – Definition and acquisition of the Community trade mark – Signs capable of constituting a mark – Letters
and numbers (Council Regulation No 40/94, Arts 4 and 7(1)(b)) (see paras 29-31)*

2.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 32-35)*

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Paul Hartmann AG |
| Community trade mark sought: | Word mark E for goods in Classes 5, 10 and 25 – Application No 4316949 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

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. |

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