CELEX: 62007TJ0472
Language: en
Date: 2010-02-03 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 3 February 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 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). # Case T-472/07.

Judgment of the General Court (Sixth Chamber) of 3 February 2010 – Enercon v OHIM – Hasbro (ENERCON)
      (Case T-472/07)
      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)
      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 26, 44-45)
      
      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) (OHIM) of 25 October 2007 (Case R 959/2006‑4), relating to opposition proceedings between Hasbro, Inc.
                  and Enercon GmbH.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Enercon GmbH
            
         
               Community trade mark sought:
            
            
               The Community word mark ENERCON for goods in Classes 16, 18, 24, 25, 28 and 32 – Application No 3326031
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Hasbro, Inc.
            
         
               Mark or sign cited in opposition:
            
            
               The Community word mark TRANSFORMERS ENERGON for goods in Classes 16, 18, 24, 25, 28, 30 and 32 – Application No 315121 and
                  earlier unregistered marks TRANSFORMERS ENERGON and ENERGON
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  	1.Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  	2.Orders Enercon GmbH to pay the costs.