Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 9 September 2011 – Deutsche Bahn v OHIM – DSB (IC4)**

**(Case T-274/09)**

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

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 207/2009, Art. 8(1)(b)) (see paras 100-101)

**Re:**

|  |  |
| --- | --- |
|  | 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. |

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