Source: EURLEX
Language: en
Format: md

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| 27.3.2010 | EN | Official Journal of the European Union | C 80/24 |

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Judgment of the Court of 3 February 2010 — Enercon v OHIM — Hasbro (ENERCON)

(Case T-472/07)[(1)](#ntr1-C_2010080EN.01002401-E0001)

(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))

2010/C 80/41

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:

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| 1. | Dismisses the action; |

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

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