Order of the Court (Fifth Chamber) of 11 April 2008 — Focus Magazine Verlag GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Merant GmbH

(Case C-344/07 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Word mark ‘FOCUS’)

(2008/C 209/22)

Language of the case: German

Parties

Applicant: Focus Magazine Verlag GmbH (represented by: M. Herrmann and B. Müller, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, agent), Merant GmbH (represented by: A. Schultz, Rechtsanwält)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 16 May 2007 in Case T-491/04 Merant v OHIM, by which the Court annulled decision R 542/2002-2 of the Second Board of Appeal of the Office for Harmonisation in the internal Market (Trade Marks and Designs) (OHIM) of 18 October 2004 upholding an action against the opposition decision which partially rejected the application for registration of Community word mark ‘FOCUS’ for goods and services in classes 3, 6, 7, 8, 9, 14, 15, 16, 21, 24, 25, 26, 28, 29, 32, 33, 34, 35, 36, 38, 39, 41 and 42 in opposition proceedings brought by the proprietor of the national figurative mark ‘MICRO FOCUS’ for goods and services in classes 9, 16, 41 and 42 — Likelihood of confusion between two marks

Operative part of the order

(1)  OJ C 79, 29.3.2008.