Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 29.3.2008 | EN | Official Journal of the European Union | C 79/28 |

---

Action brought on 21 December 2007 — Enercon v OHIM — Hasbro (ENERCON)

(Case T-472/07)

(2008/C 79/55)

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: Hasbro Inc. (Pawtucket, United States)

Form of order sought

|  |  |
| --- | --- |
| — | That the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 October 2007 in Case R 959/2006-4 be annulled insofar as it dismissed the appeal of Enercon GmbH against the decision of the opposition division of 26 May 2006 ruling on opposition No B 763 666; |

|  |  |
| --- | --- |
| — | that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) is to be ordered to bear its own costs and to pay those of the applicant. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The Community word mark ‘ENERCON’ for goods in Classes 16, 18, 24, 25, 28 and 32 — Application No 3 326 031

Proprietor of the mark or sign cited in the opposition proceedings: Hasbro Inc.

Mark or sign cited: The Community word mark ‘TRANSFORMERS ENERGON’ for goods in classes 16, 18, 24, 25, 28, 30 and 32 — Application No 3 152 121 as well as the earlier non-registered marks ‘TRANSFORMERS ENERGON’ and ‘ENERGON’

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of the Community Trade Mark Regulation (EC) No 40/94.

---

[Top](#document1)