(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:

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.