This document is an excerpt from the EUR-Lex website
Document C2007/155/39
Case T-491/04: Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS) (Community trade mark — Opposition proceedings — Application for the Community word mark FOCUS — Earlier national figurative mark MICRO FOCUS — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 40/04)
Case T-491/04: Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS) (Community trade mark — Opposition proceedings — Application for the Community word mark FOCUS — Earlier national figurative mark MICRO FOCUS — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 40/04)
Case T-491/04: Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS) (Community trade mark — Opposition proceedings — Application for the Community word mark FOCUS — Earlier national figurative mark MICRO FOCUS — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 40/04)
SL C 155, 7.7.2007, p. 20–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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7.7.2007 |
EN |
Official Journal of the European Union |
C 155/20 |
Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS)
(Case T-491/04) (1)
(Community trade mark - Opposition proceedings - Application for the Community word mark FOCUS - Earlier national figurative mark MICRO FOCUS - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 40/04)
(2007/C 155/39)
Language of the case: German
Parties
Applicant: Merant GmbH (Ismaning, Germany) (represented by: A. Schulz, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, D. Schennen, subsequently, G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: U. Gürtler, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 18 October 2004 (Case R 542/2002-2) in opposition proceedings between Merant GmbH and Focus Magazin Verlag GmbH.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 October 2004 (Case R 542/2002-2); |
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2. |
Orders OHIM to bear its own costs and to pay those incurred by the applicant, Merant GmbH; |
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3. |
Orders the intervener, Focus Magazin Verlag GmbH, to bear its own costs. |