Keywords
Subject of the case
Operative part

Keywords

Appeals

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Grounds

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Incorrect assessment of the facts and evidence

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Inadmissibility

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Review by the Court of the assessment of the facts and evidence

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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

)

Subject of the case

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

Operative part

1. The appeal is dismissed.

2. Mr Goncharov is ordered to pay the costs.