Official Journal of the European Union

C 141/40

Judgment of the Court of First Instance of 29 April 2009 — Enercon v OHIM (E-Ship)

(Case T-81/08) (1)

(Community trade mark - Application for the Community word mark E-Ship - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

2009/C 141/83

Language of the case: German


Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm and V. Henke, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)


Action brought against the decision of the First Board of Appeal of OHIM of 4 December 2007 (Case R 319/2007-1), relating to an application for registration of the sign E-ship as a Community trade mark

Operative part of the judgment

The Court:


dismisses the action;


orders Enercon GmbH to pay the costs.

(1)  OJ C 107, 26.4.2008.