Order of the Court (Eighth Chamber) of 23 November 2010 – Enercon v OHIM
(Case C‑204/10 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Word mark ENERCON – Opposition of the proprietor of the word mark TRANSFORMERS ENERGON – Refusal to register – Likelihood of confusion
Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1), TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 28)
Re:
| Appeal brought against the judgment of the General Court (Sixth Chamber) of 3February 2010 in Case T‑472/07 | Enercon | v | OHIM | , by which that court dismissed an action for annulment brought by the applicant for the word mark ‘ENERCON’, for goods in Classes 16, 18, 24, 25, 28 and 32, against Decision R959/2006-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 25 October 2007, dismissing the appeal brought by the applicant against the Opposition Division’s decision which refused registration of that mark in the context of the opposition brought by the proprietor of the Community word mark ‘TRANSFORMERS ENERGON’, for goods in Classes 16, 18, 24, 25, 28, 30 and 32, and the unregistered marks ‘TRANSFORMERS ENERGON’ and ‘ENERGON’ used in the United Kingdom for similar goods – Infringement of Article 8(1)(c) of Regulation (EC) No 40/94. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Enercon GmbH is ordered to pay the costs. |