Community trade mark Opposition proceedings 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) Likelihood of confusion Partial refusal to register Application for the Community word mark ENERCON Earlier Community word mark ENERGOL
Sumário
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.
Texto da decisão
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. |