Source: EURLEX
Language: en
Format: md

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| 19.3.2011 | EN | Official Journal of the European Union | C 89/3 |

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Order of the Court (Seventh Chamber) of 15 December 2010 — Karen Goncharov v Office for Harmonisation in the Internal Market (Trade Marks and Designs), DSB

(Case C-156/10 P)[(1)](#ntr1-C_2011089EN.01000301-E0001)

(Appeals - 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)

2011/C 89/04

Language of the case: German

Parties

Appellant: Karen Goncharov (represented by: A. Späth, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent), DSB (represented by: T. Graf, Rechtsanwalt)

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, which refused registration of the word sign ‘DSBW’ as a Community trade mark for certain goods in Classes 39, 41 and 43 and upheld 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 of the order

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| 1. | The appeal is dismissed. |

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

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