Action brought on 18 February 2008 - Enercon v OHIM (E-ship)

(Case T-81/08)

Language in which the application was lodged: German

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 December 2007 (Case R 319/2007-1);

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark 'E-ship' for goods and services in classes 7, 9, 12 and 39 (application No 5 050 539).

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 ¹ on account of an incorrect assessment of the need for availability and of the distinctive character of the mark applied for.

____________

¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).