ECLI:EU:T:2008:581

Judgment of the Court of First Instance (First Chamber) of 16 December 2008 – Focus Magazin Verlag v OHIM – Editorial Planeta (FOCUS Radio) (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: Focus Magazin Verlag GmbH 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.