|
15.8.2008 |
EN |
Official Journal of the European Union |
C 209/48 |
Judgment of the Court of First Instance of 9 July 2008 — Hartmann v OHIM (E)
(Case T-302/06) (1)
(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)
(2008/C 209/83)
Language of the case: German
Parties
Applicant: Paul Hartmann AG (Heidenheim, Germany) (represented by: K. Gründig-Schnelle, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
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.
Operative part of the judgment
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. |