Judgment of the Court of 3 February 2010 - Enercon v OHIM - Hasbro (ENERCON)
(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))
Language of the case: English
Parties
Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm and V. Henke, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court: Hasbro Inc. (Pawtucket, Rhode Island, United States) (represented by: M. Edenborough, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM 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
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Enercon GmbH to pay the costs.
____________1 - OJ C 79, 29.3.2008.