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Case T-274/09: Judgment of the General Court of 9 September 2011 — Deutsche Bahn v OHIM — DSB (IC4) (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)

ECLI:EU:UNKNOWN:62009TA0274

62009TA0274

September 9, 2011
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22.10.2011

Official Journal of the European Union

C 311/40

(Case T-274/09)(1)

(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)

2011/C 311/72

Language of the case: English

Parties

Applicant: Deutsche Bahn AG (Berlin, Germany) (represented by: E. Haag, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: DSB (Copenhagen, Denmark) (represented by: T. Swanstrøm, lawyer)

Re:

Action brought 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 of the judgment

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 judicial proceedings and the proceedings before the Board of Appeal;

3.Orders OHIM and DSB to bear their own costs.

OJ C 220, 12.9.2009.

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