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Document 62009TJ0274
Judgment of the General Court (First Chamber) of 9 September 2011.#Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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.#Case T-274/09.
Judgment of the General Court (First Chamber) of 9 September 2011.
Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-274/09.
Judgment of the General Court (First Chamber) of 9 September 2011.
Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-274/09.
European Court Reports 2011 II-00268*
ECLI identifier: ECLI:EU:T:2011:451
Judgment of the General Court (First Chamber) of 9 September 2011 – Deutsche Bahn v OHIM – DSB (IC4)
(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. |