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Case C-156/10 P: Order of the Court (Seventh Chamber) of 15 December 2010 — Karen Goncharov v Office for Harmonisation in the Internal Market (Trade Marks and Designs), DSB (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)
ECLI:EU:UNKNOWN:62010CB0156
62010CB0156
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19.3.2011
Official Journal of the European Union
C 89/3
(Case C-156/10 P) (<span class="super">1</span>)
(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)
2011/C 89/04
Language of the case: German
Parties
Appellant: Karen Goncharov (represented by: A. Späth, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent), DSB (represented by: T. Graf, Rechtsanwalt)
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, which refused registration of the word sign ‘DSBW’ as a Community trade mark for certain goods in Classes 39, 41 and 43 and upheld 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 of the order
1.The appeal is dismissed.
2.Mr Goncharov is ordered to pay the costs.
(<span class="super">1</span>) OJ C 148, 5.6.2010.