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.
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