Source: EURLEX
Language: en
Format: md

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| 14.4.2007 | EN | Official Journal of the European Union | C 82/43 |

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

(Case T-34/07)

(2007/C 82/92)

Language in which the application was lodged: German

Parties

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

Form of order sought

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| — | 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); |

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| — | Order OHIM to pay its own costs and those of the applicant; |

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| — | 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 decision and grant of the appeal.

Pleas in law: The Board of Appeal wrongly finds that the registration of the mark DSBW is precluded by Article 8(1) (b) of Regulation 40/94;[(1)](#ntr1-C_2007082EN.01004301-E0001) there is no likelihood of confusion between the opposing marks.

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