Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Eighth Chamber) of 5 October 2012 — Lancôme v OHIM — Focus Magazin Verlag (COLOR FOCUS)**

**(Case T-204/10)**

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

1.                     *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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009,
Art. 8(1)(b)) (see paras 21, 22, 37, 54)*

2.                     *Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical
or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark
— Word marks COLOR FOCUS and FOCUS (Council Regulation No 207/2009, Arts 8(1)(b) and 53(1)(a)) (see paras 24, 25, 36, 55)*

3.                     *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 — Coexistence of earlier marks on the market — Relevance (Council Regulation No 207/2009,
Art. 8(1)(b)) (see para. 46)*

4.                     *European Union law — Principles — Prohibition of abuse of right (see paras 59, 60)*

**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**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Lancôme parfums et beauté & Cie to pay the costs. |

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