Order of the Court (Fifth Chamber) of 29 March 2012 — Lancôme parfums et beauté & Cie v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Focus Magazin Verlag GmbH
(Case C-334/11 P) (1)
(Appeal - Community trade mark - Word mark ACNO FOCUS - Opposition by the proprietor of the national word mark FOCUS - Refusal of registration - Article 43(2) and (3) of Regulation (EC) No 40/94 - Earlier mark registered for not less than five years)
2012/C 194/13
Language of the case: English

Parties
Appellant: Lancôme parfums et beauté & Cie (represented by: A. von Mühlendahl, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent), Focus Magazin Verlag GmbH (represented by: R. Schweizer and J. Berlinger, Rechtsanwälte)

Re:
Appeal against the judgment of the General Court (Eighth Chamber) of 14 April 2011 in Case T-466/08 Lancôme v OHIM by which that Court dismissed an action for annulment brought by the applicant for the word mark ‘ACNO FOCUS’ for goods in Class 3 against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 29 July 2008 in Case R 1796/2007-1 dismissing the appeal against the Opposition Division’s decision refusing registration of that mark in the opposition proceedings brought by the proprietor of the national word mark ‘FOCUS’ for goods and services in Classes 3, 5, 6, 7, 8, 9, 14, 15, 16, 18, 20, 21, 24, 25, 26, 28, 29, 30, 33, 34, 36, 38, 39, 41 and 42 — Interpretation and application of Article 43(2) and (3) of Regulation No 40/94 (now Article 42(2) and (3) of Regulation No 207/2009) — Meaning of genuine use of a trade mark

Operative part of the order
The Court (Fifth Chamber):
1.
Dismisses the appeal;
2.
Orders Lancôme parfums et beauté & Cie to pay the costs.
(1)  OJ C 282, 24.9.2011.

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