CELEX: 62008TJ0400
Community trade mark
Opposition proceedings
Application for the Community word mark ENERCON
Earlier Community word mark ENERGOL
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Partial refusal to register

ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) of 14 July 2008 (Case R 957/2006‑4), relating to opposition proceedings between BP plc and Enercon GmbH.
Information relating to the case
Applicant for the Community trade mark:
Enercon GmbH
Community trade mark sought:
Word mark ENERCON for goods in Classes 1, 2 and 4
Proprietor of the mark or sign cited in the opposition proceedings:
BP plc
Mark or sign cited in opposition:
Community trade mark registration No 137828 of the word mark ENERGOL for goods in Classes 1 and 4
Decision of the Opposition Division:
Opposition upheld, save for goods found dissimilar
Decision of the Board of Appeal:
Appeal dismissed in respect of goods found dissimilar and appeal dismissed as to the remainder
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Enercon GmbH to pay the costs.