Source: EURLEX
Language: en
Format: md

**Order of the Court (Seventh Chamber) of 15 December 2010 – Goncharov v OHIM**

**(Case C‑156/10 P)**

Appeal – Community trade mark – Marks consisting of acronyms – Earlier trade mark DSB – Word sign ‘DSBW’ – Opposition proceedings – Relative ground for refusal – Examination of the likelihood of confusion – Visual similarity – Aural similarity – Inadmissibility – Assessment of the facts

Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court
of Justice, Art. 58, first para.) (see para. 38)

**Re:**

|  |  |  |  |  |
| --- | --- | --- | --- | --- |
| Appeal against the judgment of the General Court (Fourth Chamber) of 21 January 2010 in Case T-34/07 | Goncharov | v | OHIM – DSB (DSBW) | by which the General Court dismissed the action for annulment of the decision of the Second Board of Appeal of OHIM of 4 December 2006 refusing registration of the word sign ‘DSBW’ as a Community trade mark for certain services in Classes 39, 41 and 43 and upholding the opposition of the proprietor of the earlier Community word mark ‘DSB’ – Likelihood of confusion – Account not taken, during the examination of the likelihood of confusion, of the particularities of marks consisting of acronyms – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94. |

**Operative part**

|  |  |  |
| --- | --- | --- |
| 1. |  | The appeal is dismissed. |

|  |  |  |
| --- | --- | --- |
| 2. |  | Mr Goncharov is ordered to pay the costs. |

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