I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
Language in which the application was lodged: German
Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2007 (Case R 319/2007-1);
—order the defendant to pay the costs.
Community trade mark concerned: Word mark ‘E-ship’ for goods and services in classes 7, 9, 12 and 39 (application No 5 050 539).
Decision of the Examiner: Registration refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) on account of an incorrect assessment of the need for availability and of the distinctive character of the mark applied for.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).