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Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008. # Paul Hartmann AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-302/06.
ECLI:EU:T:2008:267
62006TJ0302
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(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
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.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark E for goods in Classes 5, 10 and 25 – Application No 4316949
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
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.