Source: EURLEX
Language: en
Format: md

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| 6.11.2010 | EN | Official Journal of the European Union | C 301/27 |

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Judgment of the General Court of 13 September 2010 — Enercon v OHIM — BP (ENERCON)

(Case T-400/08)[(1)](#ntr1-C_2010301EN.01002702-E0001)

(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)

2010/C 301/45

Language of the case: English

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm, lawyer)

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: BP plc (London, United Kingdom)

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Enercon GmbH to pay the costs. |

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