Judgment — ECLI:EU:T:2010:25
Date: 2010-02-03
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of 3 February 2010 - Enercon v OHIM - Hasbro (ENERCON) (Case T-472/07) 1 (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)) Language of the case: English Parties 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: D. Botis, Agent) Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court: Hasbro Inc. (Pawtucket, Rhode Island, United States) (represented by: M. Edenborough, lawyer) Re: Action brought against the decision of the Fourth Board of Appeal of OHIM 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 Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Enercon GmbH to pay the costs. ____________ 1 - OJ C 79, 29.3.2008.