Source: EURLEX
Language: en
Format: md

**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. |

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