Judgment of the Court of First Instance of 21 May 2008 - Enercon v OHIM (E)
(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)
Language of the case: German
Parties
Applicant: Enercon GmbH (Aurich, Germany) (represented initially by R. Böhm, and subsequently by R. Böhm and U. Sander, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
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.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Enercon GmbH to pay the costs.
____________1 - OJ C 326 of 30.12.2006.