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Case T-400/08: Judgment of the General Court of 13 September 2010 — Enercon v OHIM — BP (ENERCON) (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)
ECLI:EU:UNKNOWN:62008TA0400
62008TA0400
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6.11.2010
Official Journal of the European Union
C 301/27
(Case T-400/08) (<span class="super">1</span>)
(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)
2010/C 301/45
Language of the case: English
Parties
Applicant: Enercon GmbH (Aurich, Germany) (represented by: R. Böhm, lawyer)
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: BP plc (London, United Kingdom)
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Enercon GmbH to pay the costs.
(<span class="super">1</span>) OJ C 301, 22.11.2008.