62007CO0344_EN
Subject of the case
Operative part
Subject of the case
Re:
Appeal against the judgment of the Court of First Instance (Third Chamber) of 16 May 2007 in Case T-491/04 Merant
v OHIM, by which that Court annulled decision R 542/2002-2 of the Second Board of Appeal of the Office for Harmonisation in the internal Market (Trade Marks and Designs) (OHIM) of 18 October 2004 upholding an action against the opposition decision which partially rejected the application for registration of Community word mark ‘FOCUS’ for goods and services in classes 3, 6, 7, 8, 9, 14, 15, 16, 21, 24, 25, 26, 28, 29, 32, 33, 34, 35, 36, 38, 39, 41 and 42 in opposition proceedings brought by the proprietor of the national figurative mark ‘MICRO FOCUS’ for goods and services in classes 9, 16, 41 and 42 – Likelihood of confusion between two marks.
Operative part
Operative part
The Court:
1. Dismisses the appeal;
2. Orders Focus Magazin Verlag GmbH to pay the costs .