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Case C-20/08 P: Order of the Court (Sixth Chamber) of 9 December 2008 — Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Three-dimensional mark made up of the shape of the product — Regulation (EC) No 40/94 — Article 7(1) — Distinctive character of the mark — Appeal in part manifestly inadmissible and in part manifestly unfounded)
ECLI:EU:UNKNOWN:62008CB0020
62008CB0020
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21.3.2009
Official Journal of the European Union
C 69/14
(Case C-20/08 P)
(Appeal - Community trade mark - Three-dimensional mark made up of the shape of the product - Regulation (EC) No 40/94 - Article 7(1) - Distinctive character of the mark - Appeal in part manifestly inadmissible and in part manifestly unfounded)
(2009/C 69/23)
Language of the case: German
Parties
Applicant: Enercon GmbH (represented by: R. Böhm and U. Sander, Rechtsanwälte)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 in Case T-71/06 Enercon GmbH v OHIM, by which the Court of First Instance dismissed the action for annulment of the decision of the Second Board of Appeal of OHIM of 30 November 2005 rejecting the action for annulment of the examiner's decision refusing to register a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine for goods in Class 7 — Distinctive character of a three-dimensional mark made up of the shape of the product
Operative part of the order
1.The appeal is dismissed.
2.Enercon GmbH is ordered to pay the costs.
* * *
Language of the case: German.
ECLI:EU:C:2008:079:TOC
(2009/C 69/23)