CELEX: 62009TJ0274
Language: en
Date: 2011-09-09 00:00:00
Title: Judgment of the General Court (First Chamber) of 9 September 2011. # Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark IC4 - Earlier Community word mark ICE and earlier national figurative mark IC - Criteria for assessing likelihood of confusion - Relative grounds for refusal - Similarity of the services - Similarity of the signs - Distinctive character of the earlier mark - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-274/09.

Judgment of the General Court (First Chamber) of 9 September 2011 – Deutsche Bahn v OHIM – DSB (IC4)
      (Case T-274/09)
      Community trade mark – Opposition proceedings – Application for Community word mark IC4 – Earlier Community word mark ICE and earlier national figurative mark IC – Criteria for assessing likelihood of confusion – Relative grounds for refusal – Similarity of the services – Similarity of the signs – Distinctive character of the earlier mark – Likelihood of confusion – 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 207/2009, Art. 8(1)(b)) (see paras 100-101)
      
      Re:
      
         
               ACTION against the decision of the First Board of Appeal of OHIM of 30 April 2009 (Case R 1380/2007‑1), relating to opposition
                  proceedings between Deutsche Bahn AG and DSB.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
                     (OHIM) of 30 April 2009 (Case R 1380/2007-1) and the decision of the Opposition Division of OHIM of 26 July 2007;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders OHIM to pay the costs incurred by Deutsche Bahn AG for the purposes of the present court proceedings and the proceedings
                     before the Board of Appeal;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders OHIM and DSB to bear their own costs.