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Judgment of the Court of First Instance (Fifth Chamber) of 21 May 2008. # Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-329/06.
ECLI:EU:T:2008:161
62006TJ0329
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(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
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 29-30)
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.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark E for goods in Classes 7, 9 and 17 – Application No 3817566
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.Dismisses the action;
2.Orders Enercon GmbH to pay the costs.