Action brought on 21 December 2007 - Enercon v OHIM - Hasbro (ENERCON)

(Case T-472/07)

Language in which the application was lodged: English

Parties

Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Hasbro Inc. (Pawtucket, United States)

Form of order sought

That the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 October 2007 in Case R 959/2006-4 be annulled insofar as it dismissed the appeal of Enercon GmbH against the decision of the opposition division of 26 May 2006 ruling on opposition No B 763 666;

that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) is to be ordered to bear its own costs and to pay those of the applicant.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The Community word mark "ENERCON" for goods in Classes 16, 18, 24, 25, 28 and 32 - Application No 3 326 031

Proprietor of the mark or sign cited in the opposition proceedings: Hasbro Inc.

Mark or sign cited: The Community word mark "TRANSFORMERS ENERGON" for goods in classes 16, 18, 24, 25, 28, 30 and 32 - Application No 3 152 121 as well as the earlier non-registered marks "TRANSFORMERS ENERGON" and "ENERGON"

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of the Community Trade Mark Regulation (EC) No 40/94.

____________