5.7.2008
EN
Official Journal of the European Union
C 171/33
Judgment of the Court of First Instance of 21 May 2008 — Enercon v OHIM (E)
(Case T-329/06) (1)
(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)
(2008/C 171/59)
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.
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