CELEX: 62006TJ0071
Language: en
Date: 2007-11-15
Title: Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007. # Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) and (3) of Regulation (EC) No 40/94. # Case T-71/06.

Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 – Enercon v OHIM (Wind turbine)
      (Case T-71/06)
      Community trade mark – Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) and (3) of Regulation (EC) No 40/94
      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)) (see paras 26, 31)
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 November 2005 (Case R 179/2005-2) refusing
                  registration of a three-dimensional mark (a section of a wind turbine in the form of an American football) as a Community
                  trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Enercon GmbH
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark representing the outer casing of the nacelle of a wind turbine for goods in Class 7 – Application No 2496743
            
         
               Decision of the Examiner:
            
            
               Refusal of registration
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Enercon GmbH to pay the costs.