Community trade mark Lack of distinctive character Absolute grounds for refusal Descriptive character Article 7(1)(b) and (c) of Regulation (EC) No 40/94 Application for Community word mark E
Sumário
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.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 21 May 2008 – Enercon v OHIM (E)
(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: |
Enercon GmbH |
|
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. |