(Case T-357/07)

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

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 27-28, 46)

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.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark FOCUS Radio for goods and services in Classes 9, 16, 35, 38, 41 and 42 — Application No 2340289

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

Editorial Planeta, SA.

Mark or sign cited in opposition:

National word and figurative marks FOCUS MILENIUM, PLANETA FOCUS and PLANETA FOCUS 99 for goods and services in Classes 9, 16 and 41

Decision of the Opposition Division:

Opposition partially upheld

Decision of the Board of Appeal:

Partial annulation of the decision of the Opposition Division and partial dismissal of the application for the Community trade mark

Operative part

The Court:

1.Dismisses the action;

2.Orders Focus Magazin Verlag GmbH to pay the costs.