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Case T-302/06: Judgment of the Court of First Instance of 9 July 2008 — Hartmann v OHIM (E) (Community trade mark — Application for the Community word mark E — Absolute ground for refusal — Lack of distinctive character — Error of law — Lack of real assessment — Article 7(1)(b) of Regulation (EC) No 40/94)
ECLI:EU:UNKNOWN:62006TA0302
62006TA0302
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15.8.2008
Official Journal of the European Union
C 209/48
(Case T-302/06)
(Community trade mark - Application for the Community word mark ‘E’ - Absolute ground for refusal - Lack of distinctive character - Error of law - Lack of real assessment - Article 7(1)(b) of Regulation (EC) No 40/94)
(2008/C 209/83)
Language of the case: German
Parties
Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: K. Gründig-Schnelle, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Action against the decision of the Fourth Board of Appeal of OHIM of 5 September 2006 (Case R 805/2006-4) concerning an application for registration of the word mark ‘E’ as a Community trade mark.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 September 2006 (Case R 805/2006-4).
2.Orders OHIM to pay its own costs as well as those of Paul Hartmann AG.
* * *
(<span class="super">1</span>) OJ C 310, 16.12.2006
ECLI:EU:C:2008:140
(2008/C 209/83)