CELEX: C2006/326/155
Language: en
Date: 2006-12-30 00:00:00
Title: Case T-329/06: Action brought on 27 November 2006 — Enercon GmbH v OHIM

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/76
            
         Action brought on 27 November 2006 — Enercon GmbH v OHIM
   (Case T-329/06)
   (2006/C 326/155)
   Language of the case: 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
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 September 2006 (Case R 0394/2006-1);
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘E’ for goods in Classes 7, 9 and 19 (application No 3 817 566)
   
      Decision of the Examiner: Refusal of the application
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1) as it was held that the mark for which registration was sought lacked distinctive character and that its availability had to be preserved.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).