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) No207/2009)
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. |