CELEX: 62008CO0020
Language: en
Date: 2008-12-09 00:00:00
Title: Order of the Court (Sixth Chamber) of 9 December 2008. # Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Three-dimensional mark made up of the shape of the product - Regulation (EC) No 40/94 - Article 7(1) - Distinctive character of the mark - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-20/08 P.

Order of the Court (Sixth Chamber) of 9 December 2008 – Enercon v OHIM
      (Case C‑20/08 P)
      Appeal – Community trade mark – Three-dimensional mark made up of the shape of the product – Regulation (EC) No 40/94 – Article 7(1) – Distinctive character of the mark – Appeal in part manifestly inadmissible and in part manifestly unfounded
      1.                     Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 40/94, Art. 73, 1st
            sentence) (see paras 28-29)
      2.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the facts put before the Court of First Instance – Possible only where the clear sense of the evidence has been distorted
            (Art. 225 EC; Statute of the Court of Justice, Art. 58) (see paras 52-54)
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 in Case T‑71/06 
               Enercon 
               v 
               OHIM
               , by which the Court of First Instance dismissed the action for annulment of the decision of the Second Board of Appeal of
                  OHIM of 30 November 2005 rejecting the application for annulment of the examiner’s decision refusing to register a three-dimensional
                  Community trade mark depicting the outer casing of the nacelle of a wind turbine for goods in Class 7 – Distinctive character
                  of a three-dimensional mark made up of the shape of the product.
               
            Operative part:
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Enercon GmbH to pay the costs.