CELEX: 62006TJ0302
Language: en
Date: 2008-07-09 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008. # Paul Hartmann AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark ‘E’ - Absolute ground for refusal - Lack of distinctive character - Error of law - Lack of real assessment - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-302/06.

Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008 – Hartmann v OHIM (E)
      (Case T-302/06)
      Community trade mark – Application for the Community word mark ‘E’ – Absolute ground for refusal – Lack of distinctive character – Error of law – Lack of real assessment – Article 7(1)(b) of Regulation (EC) No 40/94
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Signs capable of constituting a mark – Letters
            and numbers (Council Regulation No 40/94, Arts 4 and 7(1)(b)) (see paras 29-31)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid
            of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 32-35)
      Re: 
      
         
               ACTION against the decision of the Fourth Board of Appeal of OHIM of 5 September 2006 (Case R 805/2006-4) concerning an application
                  for registration of the word mark ‘E’ as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Paul Hartmann AG
            
         
               Community trade mark sought:
            
            
               Word mark E for goods in Classes 5, 10 and 25 – Application No 4316949
            
         
               Decision of the examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and
                     Designs) (OHIM) of 5 September 2006 (Case R 805/2006-4);
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay its own costs as well as those of Paul Hartmann AG.