Community trade mark Lack of distinctive character Application for a three Absolute grounds for refusal dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine Article 7(1)(b) and (3) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007.
Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) and (3) of Regulation (EC) No 40/94.
Case T-71/06.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 – Enercon v OHIM (Wind turbine)
(Case T-71/06)
Community trade mark – Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) and (3) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 26, 31)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 November 2005 (Case R 179/2005-2) refusing registration of a three-dimensional mark (a section of a wind turbine in the form of an American football) as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Enercon GmbH |
|
Community trade mark sought: |
Three-dimensional mark representing the outer casing of the nacelle of a wind turbine for goods in Class 7 – Application No 2496743 |
|
Decision of the Examiner: |
Refusal of registration |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Enercon GmbH to pay the costs. |