Order of the Court (Seventh Chamber) of 24 October 2013 — Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Focus Magazin Verlag GmbH

(Case C-593/12 P) (1)

((Appeal - Community trade mark - Word mark Color Focus - Application for a declaration of invalidity made by the proprietor of the Community word mark Focus - Declaration of invalidity - Surrender - Article 149 of the Rules of Procedure - Appeal which has become devoid of purpose - No need to adjudicate))

2014/C 102/07

Language of the case: English

Parties

Appellant: Lancôme parfums et beauté & Cie (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent, R. Schweizer, Rechtsanwalt), Focus Magazin Verlag GmbH (represented by R. Schweizer, Rechtsanwalt)

Re:

Appeal brought against the judgment of 5 October 2012 in Case T-204/10 Lancôme v OHIM, by which the General Court (Eighth Chamber) dismissed an action brought by the proprietor of the word mark ‘COLOR FOCUS’ for goods in Class 3 against Decision R 238/2009-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 February 2010, dismissing the appeal brought against the decision of the Cancellation Division upholding the action for a declaration of the invalidity of that mark, brought by the proprietor of the Community word mark ‘FOCUS’ for goods in Class 3 — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 — Likelihood of confusion — Similarity of the marks — Genuine use of the earlier mark — Abuse of rights.

Operative part of the order

(1)  OJ C 55, 23.2.2013.