CELEX: 62009TJ0274
Community trade mark
Opposition proceedings
Application for Community word mark IC4
Earlier Community word mark ICE and earlier national figurative mark IC
Criteria for assessing likelihood of confusion
Relative grounds for refusal
Similarity of the services
Similarity of the signs
Distinctive character of the earlier mark
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 1380/2007‑1), relating to opposition
proceedings between Deutsche Bahn AG and DSB.
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 30 April 2009 (Case R 1380/2007-1) and the decision of the Opposition Division of OHIM of 26 July 2007;
2.
Orders OHIM to pay the costs incurred by Deutsche Bahn AG for the purposes of the present court proceedings and the proceedings
before the Board of Appeal;
3.
Orders OHIM and DSB to bear their own costs.