Source: EURLEX
Language: en
Format: md

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| 7.7.2007 | EN | Official Journal of the European Union | C 155/20 |

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Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS)

(Case T-491/04)[(1)](#ntr1-C_2007155EN.01002002-E0001)

(Community trade mark - Opposition proceedings - Application for the Community word mark FOCUS - Earlier national figurative mark MICRO FOCUS - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 40/04)

(2007/C 155/39)

Language of the case: German

Parties

Applicant: Merant GmbH (Ismaning, Germany) (represented by: A. Schulz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially, D. Schennen, subsequently, G. Schneider, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: U. Gürtler, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 October 2004 (Case R 542/2002-2) in opposition proceedings between Merant GmbH and Focus Magazin Verlag GmbH.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 October 2004 (Case R 542/2002-2); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by the applicant, Merant GmbH; |

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| 3. | Orders the intervener, Focus Magazin Verlag GmbH, to bear its own costs. |

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