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Document 62006TJ0302

Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008.
Paul Hartmann AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Application for the Community word mark ‘E’ - Absolute ground for refusal - Lack of distinctive character - Error of law - Lack of real assessment - Article 7(1)(b) of Regulation (EC) No 40/94.
Case T-302/06.

European Court Reports 2008 II-00132*

ECLI identifier: ECLI:EU:T:2008:267





Judgment of the Court of First Instance (Fifth Chamber) of 9 July 2008 – Hartmann v OHIM (E)

(Case T-302/06)

Community trade mark – Application for the Community word mark ‘E’ – Absolute ground for refusal – Lack of distinctive character – Error of law – Lack of real assessment – Article 7(1)(b) of Regulation (EC) No 40/94

1.                     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)

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

Applicant for the Community trade mark:

Paul Hartmann AG

Community trade mark sought:

Word mark E for goods in Classes 5, 10 and 25 – Application No 4316949

Decision of the examiner:

Registration refused

Decision of the Board of Appeal:

Appeal dismissed


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.

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