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Document 62007TJ0357

    Judgment of the Court of First Instance (First Chamber) of 16 December 2008.
    Focus Magazin Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community word mark FOCUS Radio - Earlier national word marks FOCUS MILENIUM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
    Case T-357/07.

    European Court Reports 2008 II-00325*

    ECLI identifier: ECLI:EU:T:2008:581





    Judgment of the Court of First Instance (First Chamber) of 16 December 2008 – Focus Magazin Verlag v OHIM – Editorial Planeta (FOCUS Radio)

    (Case T-357/07)

    Community trade mark – Opposition proceedings – Application for Community word mark FOCUS Radio – Earlier national word marks FOCUS MILENIUM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

    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 40/94, Art. 8(1)(b)) (see paras 27-28, 46)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 July 2007 (Case R 269/2005-4) relating to opposition proceedings between Editorial Planeta, SA, and Focus Magazin Verlag GmbH.

    Information relating to the case

    Applicant for the Community trade mark:

    Focus Magazin Verlag GmbH

    Community trade mark sought:

    Word mark FOCUS Radio for goods and services in Classes 9, 16, 35, 38, 41 and 42 — Application No 2340289

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

    Editorial Planeta, SA.

    Mark or sign cited in opposition:

    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 annulation of the decision of the Opposition Division and partial dismissal of the application for the Community trade mark


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Focus Magazin Verlag GmbH to pay the costs.

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