Judgment of the Court of First Instance (Fifth Chamber) of 11 December 2008 – Tomorrow Focus v OHIM – Information Builders (Tomorrow Focus)
(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: | Tomorrow Focus AG |
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:
2. | | Orders Tomorrow Focus AG to pay the costs. |