Order of the Court (Seventh Chamber) of 15 December 2010 – Goncharov v OHIM

(Case C‑156/10 P)

Appeal – 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

Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 38)

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 refusing registration of the word sign ‘DSBW’ as a Community trade mark for certain services in Classes 39, 41 and 43 and upholding 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

1.

The appeal is dismissed.

2.

Mr Goncharov is ordered to pay the costs.