Source: EURLEX
Language: en
Format: md

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| 26.4.2008 | EN | Official Journal of the European Union | C 107/34 |

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Action brought on 18 February 2008 — Enercon v OHIM (E-ship)

(Case T-81/08)

(2008/C 107/58)

Language in which the application was lodged: German

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2007 (Case R 319/2007-1); |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘E-ship’ for goods and services in classes 7, 9, 12 and 39 (application No 5 050 539).

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008107EN.01003402-E0001) on account of an incorrect assessment of the need for availability and of the distinctive character of the mark applied for.

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