CELEX: 62010CB0156
Language: en
Date: 2010-12-15 00:00:00
Title: Case C-156/10 P: 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 (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)

19.3.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 89/3
            
         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)
   
   (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
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Mr Goncharov is ordered to pay the costs.
            
         
      (1)  OJ C 148, 5.6.2010.