(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:

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.