CELEX: C2006/010/38
Language: en
Date: 2006-01-14 00:00:00
Title: Case T-275/03: Judgment of the Court of First Instance of  9 November 2005  — Focus Magazin Verlag GmbH v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark Hi-FOCuS — Earlier national word mark FOCUS — Scope of the examination conducted by the Board of Appeal — Assessment of evidence produced before the Board of Appeal)

14.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/19
            
         Judgment of the Court of First Instance of 9 November 2005 — Focus Magazin Verlag GmbH v OHIM
   (Case T-275/03) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community word mark Hi-FOCuS - Earlier national word mark FOCUS - Scope of the examination conducted by the Board of Appeal - Assessment of evidence produced before the Board of Appeal)
   (2006/C 10/38)
   Language of the case: German
   Parties
   
      Applicant(s): Focus Magazin Verlag GmbH (Munich, Germany) (represented by: U. Gürtler, lawyer)
   
      Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. von Mühlendahl, B. Müller and G. Schneider, acting as Agents)
   
      Other party or parties to the proceedings before the Board of Appeal of OHIM: ECI Telecom Ltd (Petah Tikva, Israel)
   Application for
   ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 April 2003 (Case R 913/2001-4) concerning opposition proceedings between Focus Magazin Verlag GmbH and ECI Telecom Ltd,
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2003 (Case R 913/2001-4);
            
         
               2.
            
            
               Orders the defendant to pay the costs.
            
         
      (1)  OJ C 251, 18.10.2003.