CELEX: 62008TJ0400
Language: en
Date: 2010-09-13 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 13 September 2010. # Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-400/08.

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.