Community trade mark Opposition proceedings Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community word mark Tomorrow Focus Earlier Community figurative mark FOCUS
Sumário
Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2008.
Tomorrow Focus AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark Tomorrow Focus - Earlier Community figurative mark FOCUS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-90/06.
Texto da decisão
Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2008 – Tomorrow Focus v OHIM – Information Builders (Tomorrow Focus)
(Case T-90/06)
Community trade mark – Opposition proceedings – Application for Community word mark Tomorrow Focus – Earlier Community figurative mark FOCUS – 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 14, 37)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 116/2005-1) relating to opposition proceedings between Information Builders (Netherlands) BV and Tomorrow Focus AG. |
Information relating to the case
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Applicant for the Community trade mark: |
Tomorrow Focus AG |
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Community trade mark sought: |
Word mark Tomorrow Focus for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Application No 2382455 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Information Builders (Netherlands) BV |
|
Mark or sign cited in opposition: |
Figurative mark Focus for goods and services in Classes 9, 16 and 42 (Community mark No 68585) |
|
Decision of the Opposition Division: |
Opposition upheld; application dismissed for Classes 9 and 42 |
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Decision of the Board of Appeal: |
Contested decision set aside; application dismissed for certain goods and services in Classes 9 and 42; application dismissed as to the remainder |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Tomorrow Focus AG to pay the costs. |