Judgment of the General Court (Sixth Chamber) of 13 September 2010 – Enercon v OHIM – BP (ENERCON)
(Case T-400/08)
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
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 22, 34-35)
Re:
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.