CELEX: C2007/315/70
Language: en
Date: 2007-12-22 00:00:00
Title: Case T-71/06: Judgment of the Court of First Instance of 15 November 2007 — Enercon v OHIM (Wind turbine) (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)

22.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/37
            
         Judgment of the Court of First Instance of 15 November 2007 — Enercon v OHIM (Wind turbine)
   (Case T-71/06) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders Enercon GmbH to pay the costs.
            
         
      (1)  OJ C 108 of 6.5.2006.