Judgment — ECLI:EU:T:2008:567
Date: 2008-12-11
Language of the case: German
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: Germany

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 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.