Case T-34/07: Action brought on 7 February 2007 — Goncharov v OHIM — DSB (DSBW)
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), leisure, service, tourism, trade-mark law

14.4.2007

EN

Official Journal of the European Union

C 82/43

Action brought on 7 February 2007 — Goncharov v
OHIM — DSB (DSBW)

Action brought on 12 February 2007 — Leche Celta, S.L. v
OHIM

(Case T-34/07)

(2007/C 82/92)

(Case T-35/07)

(2007/C 82/93)

Language in which the application was lodged: German

Language in which the application was lodged: Spanish

Parties

Applicant: Karen Goncharov (Moscow, Russian Federation)
(represented by: G. Hasselblatt und A. Späth, lawyers)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
DSB (Copenhagen, Denmark)

Form of order sought

— Annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trademarks
and Designs) (OHIM) of 4 December 2006 (Case R 1330/
2005-2);

— Order OHIM to pay its own costs and those of the appli-

cant;

— Order DSB, should it intervene in the proceedings, to pay its

own costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Karen Goncharov.

Community trade mark concerned: The word mark DSBW for
services
in Classes 39, 41, 43 and 44 (Application
No 2 852 143).

Proprietor of the mark or sign cited in the opposition proceedings: DSB

Mark or sign cited in opposition: The word mark DSB (Community
trade mark No 2 292 290) for services in Classes 35-37, 39, 41
and 42, whereas the opposition was directed against registration
in Classes 39, 41 and 43.

Decision of the Opposition Division: Rejection of Opposition.

Decision of the Board of Appeal: Annulment of the contested deci-
sion and grant of the appeal.

Pleas in law: The Board of Appeal wrongly finds that the registra-
tion of the mark DSBW is precluded by Article 8(1) (b) of Regu-
lation 40/94; (1) there is no likelihood of confusion between the
opposing marks.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Applicant: Leche Celta, S.L.
(Puentedeume, La Coruna, Spain)
(represented by: J.A. Calderón Chavero, T. Villate Consonni and
A. Yanez Manglano, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
Celia, SA

Form of order sought

— The annulment of the decision of the 1st Board of Appeal
of OHIM issued on 5 December 2006 in case R-294/2006-
4

— Consequently, the annulment of that part of the decision of
21 December 2005 in proceedings B657132 which rejects
the objection lodged on behalf of the applicant, and allows
the application for the contested mark within class 29 for
milk and milk products, edible oils and fats

— Granting of the claim of the applicant, and an order that
Opposition Division reject the registration of the relevant
mark in these specific products

— If OHIM defends the action, an order for costs against it in

the present proceedings; and dismissal of its claims

Pleas in law and main arguments

Applicant for a Community trade mark: Celia, SA

Community trade mark concerned: Figurative mark ‘Celia’
for
products and services within classes 16, 29 and 38 (application
No. 2.977.221)

Proprietor of the mark or sign cited in the opposition proceedings:
Applicant

Mark or sign cited in opposition: National word mark ‘CELTA’ for
products within class 29

Decision of the Opposition Division: Rejection of the objection

Decision of the Board of Appeal: Rejection of the appeal