CELEX: 62007TJ0357
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

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.