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Case T-34/07: Judgment of the General Court of 21 January 2010 — Goncharov v OHIM — DSB (DSBW) (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))

ECLI:EU:UNKNOWN:62007TA0034

62007TA0034

January 21, 2010
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13.3.2010

Official Journal of the European Union

C 63/46

(Case T-34/07)(1)

(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))

2010/C 63/80

Language of the case: German

Parties

Applicant: Karen Goncharov (Moscow, Russia) (represented by: G. Hasselblatt and A. Späth, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially A. Poch and subsequently B. Schmidt, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: DSB (Copenhagen, Denmark) (represented by: F. González Diáz and T. Graf, lawyers)

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

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Karen Goncharov to pay the costs.

OJ C 82, 14.4.2007.

* * *

Language of the case: German.

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