CELEX: 62006TJ0090
Language: en
Date: 2008-12-11
Title: Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2008. # Tomorrow Focus AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark Tomorrow Focus - Earlier Community figurative mark FOCUS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-90/06.

Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2008 – Tomorrow Focus v OHIM – Information Builders
            (Tomorrow Focus)
      (Case T-90/06)
      Community trade mark – Opposition proceedings – Application for Community word mark Tomorrow Focus – Earlier Community figurative mark FOCUS – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
      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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 14, 37)
      
      Re: 
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 116/2005-1) relating to
                  opposition proceedings between Information Builders (Netherlands) BV and Tomorrow Focus AG.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Tomorrow Focus AG
            
         
               Community trade mark sought:
            
            
               Word mark Tomorrow Focus for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Application No 2382455
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Information Builders (Netherlands) BV
            
         
               Mark or sign cited in opposition:
            
            
               Figurative mark Focus for goods and services in Classes 9, 16 and 42 (Community mark No 68585)
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld; application dismissed for Classes 9 and 42
            
         
               Decision of the Board of Appeal:
            
            
               Contested decision set aside; application dismissed for certain goods and services in Classes 9 and 42; application dismissed
                  as to the remainder
               
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Tomorrow Focus AG to pay the costs.