CELEX: 62006TJ0090
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

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
Applicant for the Community trade mark:
Tomorrow Focus AG
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
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.