Judgment of the Court of First Instance of 29 April 2009 - Enercon v OHIM (E-Ship)
(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)
Language of the case: German
Parties
Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm and V. Henke, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)
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
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Enercon GmbH to pay the costs.
____________1 - OJ C 107, 26.4.2008.