This document is an excerpt from the EUR-Lex website
Document C2006/326/155
Case T-329/06: Action brought on 27 November 2006 — Enercon GmbH v OHIM
Case T-329/06: Action brought on 27 November 2006 — Enercon GmbH v OHIM
Case T-329/06: Action brought on 27 November 2006 — Enercon GmbH v OHIM
OJ C 326, 30.12.2006, p. 76–76
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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30.12.2006 |
EN |
Official Journal of the European Union |
C 326/76 |
Action brought on 27 November 2006 — Enercon GmbH v OHIM
(Case T-329/06)
(2006/C 326/155)
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:
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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); |
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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 40/94 (1) as it was held that the mark for which registration was sought lacked distinctive character and that its availability had to be preserved.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).