|
7.2.2009 |
EN |
Official Journal of the European Union |
C 32/33 |
Judgment of the Court of First Instance of 16 December 2008 — Focus Magazin Verlag v OHIM — Editorial Planeta (FOCUS Radio)
(Case T-357/07) (1)
(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)
(2009/C 32/62)
Language of the case: English
Parties
Applicant: Focus Magazin Verlag GmbH (Munich, Germany) (represented by: B. Müller, R. Schweizer and T. Schwarz, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Editorial Planeta, SA (Barcelona, Spain)
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.
Operative part of the judgment
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Focus Magazin Verlag GmbH to pay the costs. |