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Valentina R., lawyer
(Case T-204/10)(1)
(Community trade mark - Invalidity proceedings - Community word mark COLOR FOCUS - Earlier Community word mark FOCUS - Relative ground for refusal - Likelihood of confusion - Similarity of the marks - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Abuse of right)
2012/C 366/60
Language of the case: English
Applicant: Lancôme parfums et beauté & Cie (Paris, France) (represented by: A. von Mühlendahl and S. Abel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Schäffner, and subsequently by A. Folliard-Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Focus Magazin Verlag GmbH (Munich, Germany) (represented by R. Schweizer and J. Berlinger, lawyers)
Action brought against the decision of the Second Board of Appeal of OHIM of 11 February 2010 (Case R 238/2009-2), concerning invalidity proceedings between Focus Magazin Verlag GmbH and Lancôme parfums et beauté & Cie
1.The action is dismissed.
2.Lancôme parfums et beauté & Cie is ordered to pay the costs.
OJ C 179, 3.7.2010.