Community trade mark Absolute ground for refusal Descriptive character Ship Application for the Community word mark E Article 7(1)(c) of Regulation (EC) No 40/94
Sumário
Judgment of the Court of First Instance (Second Chamber) of 29 April 2009.
Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark E-Ship - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94.
Case T-81/08.
Texto da decisão
Judgment of the Court of First Instance (Second Chamber) of 29 April 2009 – Enercon v OHIM (E-Ship)
(Case T-81/08)
Community trade mark – Application for the Community word mark E-Ship – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
1. Community trade mark – Procedural provisions – Statement of reasons for decisions (Council Regulation No 40/94, Art. 73) (see para. 10)
2. Community trade mark – Effects of the Community trade mark – Limitations (Council Regulation No 40/94, Arts 7(1)(c) and 12(b)) (see paras 24-25)
3. 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 33-35)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 4 December 2007 (Case R 319/2007-1), relating to an application for registration of the sign E-ship as a Community trade mark. |
Information relating to the case
|
Applicant for the Community trade mark: |
Enercon GmbH |
|
Community trade mark sought: |
Verbal mark E-Ship for goods and services in Classes 7, 9, 12 and 39 – Application No 5050539 |
|
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. |