(Case T-90/06)

Community trade mark – Opposition proceedings – Application for Community word mark Tomorrow Focus – Earlier Community figurative mark FOCUS – 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 14, 37)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 116/2005-1) relating to opposition proceedings between Information Builders (Netherlands) BV and Tomorrow Focus AG.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark Tomorrow Focus for goods and services in Classes 9, 16, 35, 38, 41 and 42 – Application No 2382455

Proprietor of the mark or sign cited in the opposition proceedings:

Information Builders (Netherlands) BV

Mark or sign cited in opposition:

Figurative mark Focus for goods and services in Classes 9, 16 and 42 (Community mark No 68585)

Decision of the Opposition Division:

Opposition upheld; application dismissed for Classes 9 and 42

Decision of the Board of Appeal:

Contested decision set aside; application dismissed for certain goods and services in Classes 9 and 42; application dismissed as to the remainder

Operative part

The Court:

1.Dismisses the action;

2.Orders Tomorrow Focus AG to pay the costs.