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.