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.