ARTICLE
13 December 2007

Recent Case In The European Court Of First Instance: Enercon GmbH v Harmonisierungsamt fϋr den Binnenmarkt

German wind turbine manufacturer Enercon applied to register a shape consisting of an American football-shaped wind turbine as a Community Trade Mark. The class of goods covered included wind turbines.
Germany Energy and Natural Resources

German wind turbine manufacturer Enercon applied to register a shape consisting of an American football-shaped wind turbine as a Community Trade Mark. The class of goods covered included wind turbines. If the trade mark application had been successful, this would have prevented any other manufacturer from making or selling wind turbines of the same or similar shape in the EC.

The application was rejected, as were Enercon's appeals to the Board of Appeal and now the Court of First Instance. However, it shows that some players in the wind sector are trying to obtain as much IP protection as possible, and are being creative in looking beyond the traditional types of IP (in particular patents and know-how) in this sector. Enercon certainly also has a large patent portfolio.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More