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.