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:
2. | | Orders Mr Karen Goncharov to pay the costs. |