Source: EURLEX
Language: en
Format: md

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| 24.11.2012 | EN | Official Journal of the European Union | C 366/31 |

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Judgment of the General Court of 5 October 2012 — Lancôme v OHIM — Focus Magazin Verlag (COLOUR FOCUS)

(Case T-204/10)[(1)](#ntr1-C_2012366EN.01003103-E0001)

(Community trade mark - Invalidity proceedings - Community word mark COLOR FOCUS - Earlier Community word mark FOCUS - Relative ground for refusal - Likelihood of confusion - Similarity of the marks - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Abuse of right)

2012/C 366/60

Language of the case: English

Parties

Applicant: Lancôme parfums et beauté & Cie (Paris, France) (represented by: A. von Mühlendahl and S. Abel, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Schäffner, and subsequently by A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Focus Magazin Verlag GmbH (Munich, Germany) (represented by R. Schweizer and J. Berlinger, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 February 2010 (Case R 238/2009-2), concerning invalidity proceedings between Focus Magazin Verlag GmbH and Lancôme parfums et beauté & Cie

Operative part of the judgment

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| 1. | The action is dismissed. |

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| 2. | Lancôme parfums et beauté & Cie is ordered to pay the costs. |

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