Only an imperfect picture of the marks concerned

GvEA, 16 december 2008, zaak T-357/07 Focus Magazin Verlag / OHMI - Editorial Planeta (FOCUS Radio) (Nederlandse vertaling nog niet beschikbaar).

Gemeenschapsmerk. Oppositieprocedure op grond van oudere nationale woordmerken "FOCUS MILENIUM", "PLANETA FOCUS" en "PLANETA FOCUS 99" tegen aanvraag woordmerk "FOCUS Radio" voor waren en diensten van de klassen 9, 16, 35, 38, 41 en 42. Oppositie toegewezen.

“43. The Board of Appeal upheld the opposition in respect of the identical goods and services, finding that the fact that both signs begin with the distinctive word ‘focus’ may lead the relevant public to believe that there are some economic links between the goods or services covered by the trade marks at issue, and that they therefore come from economically-linked undertakings.

(…) 46. In those circumstances, it follows from all the foregoing, in particular from the fact that the relevant public keeps in mind only an imperfect picture of the marks concerned, so that their shared element, the word ‘focus’, creates a certain similarity between them, and from the interdependence of the various factors to be taken into consideration since the goods concerned are identical, that the Board of Appeal was fully entitled to find that there was a likelihood of confusion.

47. It follows from all the foregoing that the application must be dismissed.”

Lees het arrest hier.