ECLI:EU:T:2008:161

Judgment of the Court of First Instance (Fifth Chamber) of 21 May 2008 – Enercon v OHIM (E) (Case T-329/06) 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 Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 29-30) 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. Information relating to the case Applicant for the Community trade mark: Enercon GmbH Community trade mark sought: Word mark E for goods in Classes 7, 9 and 17 – Application No 3817566 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Enercon GmbH to pay the costs.