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ECLI:EU:C:2010:767•Order of the Court (Seventh Chamber) of 15 December 2010.#Karen Goncharov v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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.#Case C-156/10 P.

Open source

Order of the Court (Seventh Chamber) of 15 December 2010.#Karen Goncharov v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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.#Case C-156/10 P.

ECLI:EU:C:2010:767Eu Chamb 07 CDec 15, 2010

Open source

Full text

Subject of the case
Operative part

Subject of the case

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 refusing registration of the word sign ‘DSBW’ as a Community trade mark for certain services in Classes 39, 41 and 43 and upholding 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

Operative part

1. The appeal is dismissed.

2. Mr Goncharov is ordered to pay the costs.

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