Source: EURLEX
Language: en
Format: md

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| 22.12.2007 | EN | Official Journal of the European Union | C 315/37 |

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Judgment of the Court of First Instance of 15 November 2007 — Enercon v OHIM (Wind turbine)

(Case T-71/06)[(1)](#ntr1-C_2007315EN.01003702-E0001)

(Community trade mark - Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) and (3) of Regulation (EC) No 40/94)

(2007/C 315/70)

Language of the case: German

Parties

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

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 Second Board of Appeal of OHIM of 30 November 2005 (Case R 179/2005-2) refusing registration of a three-dimensional mark (a section of a wind turbine in the form of an American football) 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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