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