CELEX: C2007/155/39
Language: en
Date: 2007-07-07 00:00:00
Title: Case T-491/04: Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS) (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)

7.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/20
            
         Judgment of the Court of First Instance of 16 May 2007 — Merant v OHIM — Magazin Verlag (FOCUS)
   (Case T-491/04) (1)
   
   (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:
   
               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);
            
         
               2.
            
            
               Orders OHIM to bear its own costs and to pay those incurred by the applicant, Merant GmbH;
            
         
               3.
            
            
               Orders the intervener, Focus Magazin Verlag GmbH, to bear its own costs.
            
         
      (1)  OJ C 82 of 2.4.2005.