CELEX: 62009TN0274
Language: en
Date: 2009-07-14 00:00:00
Title: Case T-274/09: Action brought on 14 July 2009 — Deutsche Bahn v OHIM — DSB (IC4)

12.9.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 220/38
            
         Action brought on 14 July 2009 — Deutsche Bahn v OHIM — DSB (IC4)
   (Case T-274/09)
   2009/C 220/80
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: E. Haag, lawyer)
   
      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
   
   
               —
            
            
               Annul the contested decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 April 2009 and the decision of the Opposition Division of 26 July 2007;
            
         
               —
            
            
               order OHIM to pay all the costs of the proceedings, including those incurred during the appeal and opposition proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: DSB
   
      Community trade mark concerned: the word mark ‘IC4’ for goods in Class 39 (application No 4 255 411)
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the word mark ‘ICE’ for goods and services in Classes 6, 7, 9, 11, 12, 19, 37, 38, 39, 41 and 42 (Community trade mark No 170 605) and the German figurative mark ‘IC’ for services in Classes 39 and 42 (No 1 009 258)
   
      Decision of the Opposition Division: rejection of the opposition
   
      Decision of the Board of Appeal: dismissal of the appeal
   
      Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) since there is a likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)