Source: EURLEX
Language: en
Format: md

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| 22.10.2011 | EN | Official Journal of the European Union | C 311/40 |

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Judgment of the General Court of 9 September 2011 — Deutsche Bahn v OHIM — DSB (IC4)

(Case T-274/09)[(1)](#ntr1-C_2011311EN.01004002-E0001)

(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)

2011/C 311/72

Language of the case: English

Parties

Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: E. Haag, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: DSB (Copenhagen, Denmark) (represented by: T. Swanstrøm, lawyer)

Re:

Action brought 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 of the judgment

The Court:

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| 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; |

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| 2. | Orders OHIM to pay the costs incurred by Deutsche Bahn AG for the purposes of the present judicial proceedings and the proceedings before the Board of Appeal; |

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| 3. | Orders OHIM and DSB to bear their own costs. |

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