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Document C2007/082/92

Case T-34/07: Action brought on 7 February 2007 — Goncharov v OHIM — DSB (DSBW)

OJ C 82, 14.4.2007, p. 43–43 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)

14.4.2007   

EN

Official Journal of the European Union

C 82/43

Action brought on 7 February 2007 — Goncharov v OHIM — DSB (DSBW)

(Case T-34/07)

(2007/C 82/92)

Language in which the application was lodged: German

Parties

Applicant: Karen Goncharov (Moscow, Russian Federation) (represented by: G. Hasselblatt und A. Späth, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: DSB (Copenhagen, Denmark)

Form of order sought

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trademarks and Designs) (OHIM) of 4 December 2006 (Case R 1330/2005-2);

—

Order OHIM to pay its own costs and those of the applicant;

—

Order DSB, should it intervene in the proceedings, to pay its own costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Karen Goncharov.

Community trade mark concerned: The word mark DSBW for services in Classes 39, 41, 43 and 44 (Application No 2 852 143).

Proprietor of the mark or sign cited in the opposition proceedings: DSB

Mark or sign cited in opposition: The word mark DSB (Community trade mark No 2 292 290) for services in Classes 35-37, 39, 41 and 42, whereas the opposition was directed against registration in Classes 39, 41 and 43.

Decision of the Opposition Division: Rejection of Opposition.

Decision of the Board of Appeal: Annulment of the contested decision and grant of the appeal.

Pleas in law: The Board of Appeal wrongly finds that the registration of the mark DSBW is precluded by Article 8(1) (b) of Regulation 40/94; (1) there is no likelihood of confusion between the opposing marks.

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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