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Document 62006TJ0071

Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007.
Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) and (3) of Regulation (EC) No 40/94.
Case T-71/06.

European Court Reports 2007 II-00156*

ECLI identifier: ECLI:EU:T:2007:342





Judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 – Enercon v OHIM (Wind turbine)

(Case T-71/06)

Community trade mark – Application for a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) and (3) of Regulation (EC) No 40/94

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)) (see paras 26, 31)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 30 November 2005 (Case R 179/2005-2) refusing registration of a three-dimensional mark (a section of a wind turbine in the form of an American football) as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:

Enercon GmbH

Community trade mark sought:

Three-dimensional mark representing the outer casing of the nacelle of a wind turbine for goods in Class 7 – Application No 2496743

Decision of the Examiner:

Refusal of registration

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Enercon GmbH to pay the costs.

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