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

Judgment of the General Court (Eighth Chamber) of 5 October 2012 — Lancôme v OHIM — Focus Magazin Verlag (COLOR FOCUS) (Case T-204/10) 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 1.                     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 — Assessment of the likelihood of confusion — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 21, 22, 37, 54) 2.                     Community trade mark — Surrender, revocation and invalidity — Relative grounds for invalidity — Existence of an identical or similar earlier mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Word marks COLOR FOCUS and FOCUS (Council Regulation No 207/2009, Arts 8(1)(b) and 53(1)(a)) (see paras 24, 25, 36, 55) 3.                     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 — Coexistence of earlier marks on the market — Relevance (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 46) 4.                     European Union law — Principles — Prohibition of abuse of right (see paras 59, 60) Re: 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. Operative part The Court: 1. Dismisses the action; 2. Orders Lancôme parfums et beauté & Cie to pay the costs.