Action brought on 27 November 2006 - Enercon GmbH v OHIM

(Case T-329/06)

Language of the case: 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

The applicant claims that the Court should:

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 September 2006 (Case R 0394/2006-1);

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'E' for goods in Classes 7, 9 and 19 (application No 3 817 566)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94¹ as it was held that the mark for which registration was sought lacked distinctive character and that its availability had to be preserved.

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