CELEX: 62008TJ0081
Language: en
Date: 2009-04-29 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 29 April 2009. # Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark E-Ship - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-81/08.

Judgment of the Court of First Instance (Second Chamber) of 29 April 2009 – Enercon v OHIM (E-Ship)
      (Case T-81/08)
      Community trade mark – Application for the Community word mark E-Ship – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
      1.                     Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 40/94, Art. 73) (see
            para. 10)
      2.                     Community trade mark – Effects of the Community trade mark – Limitations (Council Regulation No 40/94, Arts 7(1)(c) and 12(b))
            (see paras 24-25)
      3.                     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 33-35)
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 4 December 2007 (Case R 319/2007-1), relating
                  to an application for registration of the sign E-ship as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Enercon GmbH
            
         
               Community trade mark sought:
            
            
               Verbal mark E-Ship for goods and services in Classes 7, 9, 12 and 39 – Application No 5050539
            
         
               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.