CELEX: 62006TJ0329
Language: en
Date: 2008-05-21
Title: Judgment of the Court of First Instance (Fifth Chamber) of 21 May 2008. # Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark E - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94. # Case T-329/06.

Judgment of the Court of First Instance (Fifth Chamber) of 21 May 2008 – Enercon v OHIM (E)
      (Case T-329/06)
      Community trade mark – Application for Community word mark E – Absolute grounds for refusal – Lack of distinctive character – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94
      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 29-30)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 8 September 2006 (Case R 394/2006‑1) concerning
                  the registration of the word mark E as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Enercon GmbH
            
         
               Community trade mark sought:
            
            
               Word mark E for goods in Classes 7, 9 and 17 – Application No 3817566
            
         
               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.