CELEX: C2007/082/92
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-34/07: Action brought on 7 February 2007 — Goncharov v OHIM — DSB (DSBW)

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/43
            
         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
   
               —
            
            
               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);
            
         
               —
            
            
               Order OHIM to pay its own costs and those of the applicant;
            
         
               —
            
            
               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) there is no likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).