Judgment of the General Court of 5 October 2012 - Lancôme v OHIM - Focus Magazin Verlag (COLOUR 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)
Language of the case: English
Parties
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)
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 of the judgment
The action is dismissed.
Lancôme parfums et beauté & Cie is ordered to pay the costs.
____________1 - OJ C 179, 3.7.2010.