(Case T-274/09)

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

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 207/2009, Art. 8(1)(b)) (see paras 100-101)

Re:

ACTION 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

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 court proceedings and the proceedings before the Board of Appeal;

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