CELEX: 62007TJ0034
Language: en
Date: 2010-01-21
Title: Judgment of the General Court (Fourth Chamber) of 21 January 2010. # Karen Goncharov v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark DSBW - Earlier Community word mark DSB - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-34/07.

Judgment of the General Court (Fourth Chamber) of 21 January 2010 – Goncharov v OHIM – DSB (DSBW)
      (Case T-34/07)
      Community trade mark – Opposition proceedings – Application for the Community word mark DSBW – Earlier Community word mark DSB – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 29, 52-54)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 4 December 2006 (Case R 1330/2005-2), relating
                  to opposition proceedings between DSB and Mr K. Goncharov.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Karen Goncharov
            
         
               Community trade mark sought:
            
            
               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 2292290) for services in Classes 35 to 37, 39, 41 and 42, the opposition being
                  directed against registration in Classes 39, 41 and 43
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed
            
         
               Decision of the Board of Appeal:
            
            
               Annulment of the contested decision and appeal allowed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Mr Karen Goncharov to pay the costs.