Case T-357/07: Action brought on 19 September 2007 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), broadcasting, trade-mark law

10.11.2007

EN

Official Journal of the European Union

C 269/65

Action brought on 19 September 2007 — Focus Magazin
Verlag v OHIM — Editorial Planeta (FOCUS Radio)

— order the opponent to bear costs for the whole opposition

proceeding including this application.

(Case T-357/07)

(2007/C 269/118)

Language in which the application was lodged: English

Parties

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘FOCUS Radio’
for goods and services in classes 9, 16, 35, 38, 41 and 42 —
application No 2 340 289

Proprietor of the mark or sign cited in the opposition proceedings:
Editorial Planeta, SA

Applicant: Focus Magazin Verlag GmbH (Munich, Germany)
(represented by: B. C. Müller, lawyer)

Mark or sign cited: The national word and figurative marks
‘FOCUS MILENIUM’, ‘PLANETA FOCUS’ and ‘PLANETA FOCUS
99’ for goods and services in classes 9, 16 and 41

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Editorial
Planeta, SA (Barcelona, Spain)

Form of order sought

— Annul No 1, No 3 and No 4 of the decision of the Fourth
Board of Appeal of the Office for Harmonisation for the
Internal Market, dated 30 July 2007,
in the opposition
proceeding No B 516 742 (Community trade mark applica-
tion No 2 340 289);

— alter the contested decision mentioned in No 1 in order to
register the contested Community trade mark application for
the following goods and services:

— Class 9 — Computers and data-processing apparatus;
memories for data processing equipment; machine-read-
able data carriers of all types containing information,
and sound and image recording carriers,
in particular
floppy discs, CD-ROMs, DVDs, chip cards, magnetic
cards, video cassettes, compact discs and video discs;
collections of information recorded on data carriers;

— Class 16 — Printed matter, printed materials, periodicals,
newspapers, books, stickers, calendars, office requisites
(except
instructional and teaching material
(except apparatus), included in class 16;

furniture),

— Class 41 — Entertainment among other radio entertain-
live events,

ment; conducting entertainment events,
cultural and sporting events, included in class 41.

Decision of the Opposition Division: Opposition partially upheld

Decision of the Board of Appeal: Partial annulment of the Opposi-
tion Division's decision and partial rejection of the Community
trade mark application

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as there is no relevant similarity between the
conflicting trade marks and thus no likelihood of confusion.

Action brought on 14 September 2007 — El Fatmi v
Council

(Case T-362/07)

(2007/C 269/119)

Language of the case: Dutch

Parties

Applicant: Nouriddin El Fatmi (Amsterdam, Netherlands) (repre-
sented by: J. Pauw, lawyer)

Defendant: Council of the European Union