Keywords
Subject of the case
Operative part

Keywords

Community trade mark – Definition and acquisition of the Community trade mark – Signs capable of constituting a mark – Letters and numbers (Council Regulation No 40/94, Arts 4 and 7(1)(b)) (see paras 29-31)

2. Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b) and (3)) (see paras 32-35)

Subject of the case

Re:

ACTION against the decision of the Fourth Board of Appeal of OHIM of 5 September 2006 (Case R 805/2006-4) concerning an application for registration of the word mark ‘E’ as a Community trade mark.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 5 September 2006 (Case R 805/2006-4);

2. Orders OHIM to pay its own costs as well as those of Paul Hartmann AG.