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Document C2007/269/118
Case T-357/07: Action brought on 19 September 2007 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)
Case T-357/07: Action brought on 19 September 2007 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)
Case T-357/07: Action brought on 19 September 2007 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)
OJ C 269, 10.11.2007, p. 65–65
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
10.11.2007 |
EN |
Official Journal of the European Union |
C 269/65 |
Action brought on 19 September 2007 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)
(Case T-357/07)
(2007/C 269/118)
Language in which the application was lodged: English
Parties
Applicant: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: B. C. Müller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Editorial Planeta, SA (Barcelona, Spain)
Form of order sought
— |
Annul No 1, No 3 and No 4 of the decision of the Fourth Board of Appeal of the Office for Harmonisation for the Internal Market, dated 30 July 2007, in the opposition proceeding No B 516 742 (Community trade mark application No 2 340 289); |
— |
alter the contested decision mentioned in No 1 in order to register the contested Community trade mark application for the following goods and services:
|
— |
order the opponent to bear costs for the whole opposition proceeding including this application. |
Pleas in law and main arguments
Applicant for the Community trade mark: The applicant
Community trade mark concerned: The word mark ‘FOCUS Radio’ for goods and services in classes 9, 16, 35, 38, 41 and 42 — application No 2 340 289
Proprietor of the mark or sign cited in the opposition proceedings: Editorial Planeta, SA
Mark or sign cited: The national word and figurative marks ‘FOCUS MILENIUM’, ‘PLANETA FOCUS’ and ‘PLANETA FOCUS 99’ for goods and services in classes 9, 16 and 41
Decision of the Opposition Division: Opposition partially upheld
Decision of the Board of Appeal: Partial annulment of the Opposition Division's decision and partial rejection of the Community trade mark application
Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as there is no relevant similarity between the conflicting trade marks and thus no likelihood of confusion.