Source: EURLEX
Language: en
Format: md

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| 22.11.2008 | EN | Official Journal of the European Union | C 301/51 |

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Action brought on 22 September 2008 — Enercon v OHIM — BP (ENERCON)

(Case T-400/08)

(2008/C 301/87)

Language in which the application was lodged: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: BP plc (London, United Kingdom)

Form of order sought

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| — | Annul 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 in case R 957/2006-4, insofar as it dismisses the appeal lodged by the applicant against the decision of the Opposition Division of 26 May 2006 ruling on opposition number B 760 605; and |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ENERCON’ for goods in classes 1, 2 and 4

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration No 137 828 of the word mark ‘ENERGOL’ for goods in classes 1 and 4

Decision of the Opposition Division: Upheld the opposition except for the goods that were found dissimilar

Decision of the Board of Appeal: Rejected the appeal for the goods that were found dissimilar and dismissed the appeal for the remainder

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the conflicting trade marks.

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