CELEX: 62007TJ0357
Language: en
Date: 2008-12-16
Title: Judgment of the Court of First Instance (First Chamber) of 16 December 2008. # Focus Magazin Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark FOCUS Radio - Earlier national word marks FOCUS MILENIUM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94. # Case T-357/07.

Judgment of the Court of First Instance (First Chamber) of 16 December 2008 – Focus Magazin Verlag v OHIM – Editorial Planeta
            (FOCUS Radio)
      (Case T-357/07)
      Community trade mark – Opposition proceedings – Application for Community word mark FOCUS Radio – Earlier national word marks FOCUS MILENIUM – Relative ground for refusal – 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 27-28, 46)
      
      Re: 
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 July 2007 (Case R 269/2005-4) relating to
                  opposition proceedings between Editorial Planeta, SA, and Focus Magazin Verlag GmbH.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Focus Magazin Verlag GmbH
            
         
               Community trade mark sought:
            
            
               Word mark FOCUS Radio for goods and services in Classes 9, 16, 35, 38, 41 and 42 — Application No 2340289
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Editorial Planeta, SA.
            
         
               Mark or sign cited in opposition:
            
            
               National word and figurative marks FOCUS MILENIUM, PLANETA FOCUS and PLANETA FOCUS 99 for goods and services in Classes 9,
                  16 and 41
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition partially upheld
            
         
               Decision of the Board of Appeal:
            
            
               Partial annulation of the decision of the Opposition Division and partial dismissal of the application for the Community trade
                  mark
               
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Focus Magazin Verlag GmbH to pay the costs.