CELEX: 62007TJ0472
Community trade mark
Opposition proceedings
Application for the Community word mark ENERCON
Earlier Community word mark TRANSFORMERS ENERGON
Relative ground for refusal
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) of 25 October 2007 (Case R 959/2006‑4), relating to opposition proceedings between Hasbro, Inc.
and Enercon GmbH.
Information relating to the case
Applicant for the Community trade mark:
Enercon GmbH
Community trade mark sought:
The Community word mark ENERCON for goods in Classes 16, 18, 24, 25, 28 and 32 – Application No 3326031
Proprietor of the mark or sign cited in the opposition proceedings:
Hasbro, Inc.
Mark or sign cited in opposition:
The Community word mark TRANSFORMERS ENERGON for goods in Classes 16, 18, 24, 25, 28, 30 and 32 – Application No 315121 and
earlier unregistered marks TRANSFORMERS ENERGON and ENERGON
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:

1.Dismisses the action;

2.Orders Enercon GmbH to pay the costs.