(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) No 207/2009)

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:

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:

Dismisses the action;

Orders Enercon GmbH to pay the costs.