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Document 62007TJ0472

    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.

    European Court Reports 2010 II-00012*

    ECLI identifier: ECLI:EU:T:2010:25





    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.

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