Judgment of the Court of First Instance of 9 November 2005 - Focus Magazin Verlag GmbH v OHIM
(Community trade mark - Opposition proceedings - Application for Community word mark Hi-FOCuS - Earlier national word mark FOCUS - Scope of the examination conducted by the Board of Appeal - Assessment of evidence produced before the Board of Appeal)
Language of the case: German
Parties:
Applicant(s): Focus Magazin Verlag GmbH (Munich, Germany) (represented by: U. Gürtler, lawyer)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. von Mühlendahl, B. Müller and G. Schneider, acting as Agents)
Other party or parties to the proceedings before the Board of Appeal of OHIM: ECI Telecom Ltd (Petah Tikva, Israel)
Application for
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 30 April 2003 (Case R 913/2001-4) concerning opposition proceedings between Focus Magazin Verlag GmbH and ECI Telecom Ltd,
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 30 April 2003 (Case R 913/2001-4);
2. Orders the defendant to pay the costs.
____________1 - OJ C 251, 18.10.2003.