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Case C-204/10 P: Order of the Court of 23 November 2010 — Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hasbro, Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word mark ENERCON — Opposition of the proprietor of the word mark TRANSFORMERS ENERGON — Refusal to register — Likelihood of confusion)
ECLI:EU:UNKNOWN:62010CB0204
62010CB0204
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19.3.2011
Official Journal of the European Union
C 89/3
(Case C-204/10 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark ENERCON - Opposition of the proprietor of the word mark TRANSFORMERS ENERGON - Refusal to register - Likelihood of confusion)
2011/C 89/05
Language of the case: English
Parties
Appellant: Enercon GmbH (represented by: J. Mellor, Barrister, and R. Böhm, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (represented by: D. Botis, Agent), Hasbro, Inc.
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 3 February 2010 in Case T-472/07 Enercon v OHIM by which the General Court dismissed an action for annulment brought by the applicant for the word mark ‘ENERCON’, for goods in Classes 16, 18, 24, 25, 28 and 32, against Decision R 959/2006-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 25 October 2007, dismissing the appeal brought by the applicant against the Opposition Division’s decision which refused registration of that mark in the context of the opposition brought by the proprietor of the Community word mark ‘TRANSFORMERS ENERGON’, for goods in Classes 16, 18, 24, 25, 28, 30 and 32, and the unregistered marks ‘TRANSFORMERS ENERGON’ and ‘ENERGON’ used in the United Kingdom for similar goods — Infringement of Article 8(1)(c) of Regulation (EC) No 40/94
Operative part of the order
1.The appeal is dismissed.
2.Enercon GmbH shall pay the costs.
(<span class="super">1</span>) OJ C 179, 3.7.2010.