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Enercon appeal dismissed

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

This morning the Court of First Instance (CFI) of the European Communities dismissed the appeal in Case T?329/06, Enercon GmbH v OHIM. This decision is so far available only in French and German.

So far as the IPKat can tell, this was an application to register as a Community trade mark a word sign consisting solely of the letter 'E' for various products relating to the generation of energy in the form of electricity in Classes 7, 9 and 19. He thinks the application was refused for lack of distinctive character and for its descriptive nature ("e" being an abbreviation of obvious application in this commercial sector). It seems that the Board of Appeal and the CFI agreed.

The IPKat wonders if one of his more linguistically talented readers could tell him a little more.

Click here for coverage of Rechtssache T?71/06 Enercon GmbH v OHIM, in which Enercon applied to register as a Community trade mark a shape consisting of an American football-shaped wind turbine.

Full post as published by IPKat on May 21, 2008 (boomark / email).