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Case T-329/06: Judgment of the Court of First Instance of 21 May 2008 — Enercon v OHIM (E) (Community trade mark — Application for Community word mark E — Absolute grounds for refusal — Lack of distinctive character — Descriptive character — Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62006TA0329
62006TA0329
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5.7.2008
Official Journal of the European Union
C 171/33
(Case T-329/06)(Community trade mark - Application for Community word mark E - Absolute grounds for refusal - Lack of distinctive character - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94)
(2008/C 171/59)
Language of the case: German
Parties
Applicant: Enercon GmbH (Aurich, Germany) (represented initially by R. Böhm, and subsequently by R. Böhm and U. Sander, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 8 September 2006 (Case R 394/2006-1) concerning the registration of the word mark E as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action.
2.Orders Enercon GmbH to pay the costs.
(1) OJ C 326 of 30.12.2006.