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Document C2006/010/38

Case T-275/03: Judgment of the Court of First Instance of 9 November 2005 — Focus Magazin Verlag GmbH v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark Hi-FOCuS — Earlier national word mark FOCUS — Scope of the examination conducted by the Board of Appeal — Assessment of evidence produced before the Board of Appeal)

SL C 10, 14.1.2006, p. 19–20 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

14.1.2006   

EN

Official Journal of the European Union

C 10/19


Judgment of the Court of First Instance of 9 November 2005 — Focus Magazin Verlag GmbH v OHIM

(Case T-275/03) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Hi-FOCuS - Earlier national word mark FOCUS - Scope of the examination conducted by the Board of Appeal - Assessment of evidence produced before the Board of Appeal)

(2006/C 10/38)

Language of the case: German

Parties

Applicant(s): Focus Magazin Verlag GmbH (Munich, Germany) (represented by: U. Gürtler, lawyer)

Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. von Mühlendahl, B. Müller and G. Schneider, acting as Agents)

Other party or parties to the proceedings before the Board of Appeal of OHIM: ECI Telecom Ltd (Petah Tikva, Israel)

Application for

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 April 2003 (Case R 913/2001-4) concerning opposition proceedings between Focus Magazin Verlag GmbH and ECI Telecom Ltd,

Operative part of the judgment

The Court:

1.

Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2003 (Case R 913/2001-4);

2.

Orders the defendant to pay the costs.


(1)  OJ C 251, 18.10.2003.


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