CELEX: 62008TN0081
Language: en
Date: 2008-02-18 00:00:00
Title: Case T-81/08: Action brought on 18 February 2008 — Enercon v OHIM (E-ship)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/34
            
         Action brought on 18 February 2008 — Enercon v OHIM (E-ship)
   (Case T-81/08)
   (2008/C 107/58)
   Language in which the application was lodged: 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
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2007 (Case R 319/2007-1);
            
         
               —
            
            
               order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word mark ‘E-ship’ for goods and services in classes 7, 9, 12 and 39 (application No 5 050 539).
   
      Decision of the Examiner: Registration refused.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) on account of an incorrect assessment of the need for availability and of the distinctive character of the mark applied for.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).