CELEX: 62010TJ0204
Language: en
Date: 2012-10-05
Title: Judgment of the General Court (Eighth Chamber) of 5 October 2012. # Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-204/10.

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.