Source: All England Reporter
Publisher Citation: [2005] All ER (D) 125 (Nov)
Court: Court of First Instance of the European Communities (Third Chamber)
Judge:

Judges Jaeger (President), Tiili and Czucz

Judgment Dates: 9 November 2005

Catchwords

European community - Trade marks - 'Likelihood of confusion' - Assessment of evidence produced in opposition proceedings - Application for Community word mark 'Hi-FOCuS' - Earlier national word mark 'FOCUS' - Whether respondent's Board of Appeal failing to examine evidence of proof of existence of earlier mark - Council Regulation (EC) 40/94, arts 8(1)(b), 59, 74.

The Case

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