Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 29 April 2009 – Enercon v OHIM (E-Ship)**

**(Case T-81/08)**

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

1.                     *Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 40/94, Art. 73) (see
para. 10)*

2.                     *Community trade mark – Effects of the Community trade mark – Limitations (Council Regulation No 40/94, Arts 7(1)(c) and 12(b))
(see paras 24-25)*

3.                     *Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed
exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94,
Art. 7(1)(c)) (see paras 33-35)*

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Enercon GmbH |
| Community trade mark sought: | Verbal mark E-Ship for goods and services in Classes 7, 9, 12 and 39 – Application No 5050539 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

[Top](#document1)