Order of the Court (Sixth Chamber) of 9 December 2008.#Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Three-dimensional mark made up of the shape of the product - Regulation (EC) No 40/94 - Article 7(1) - Distinctive character of the mark - Appeal in part manifestly inadmissible and in part manifestly unfounded.#Case C-20/08 P.

Subject of the case

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 in Case T‑71/06 Enercon v OHIM , by which the Court of First Instance dismissed the action for annulment of the decision of the Second Board of Appeal of OHIM of 30 November 2005 rejecting the application for annulment of the examiner’s decision refusing to register a three-dimensional Community trade mark depicting the outer casing of the nacelle of a wind turbine for goods in Class 7 – Distinctive character of a three-dimensional mark made up of the shape of the product.

Operative part

Operative part:

The Court:

1. Dismisses the appeal;

2. Orders Enercon GmbH to pay the costs.