EuG · T-491/04

Subject of the case Operative part Subject of the case Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 October 2004 (Case R 542/2002-2) in opposition proceedings between Merant GmbH and Focus Magazin Verlag GmbH. Information relating to the case >lt>1 Operative part Operative part The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 18 October 2004 (Case R 542/2002-2); 2. Orders OHIM to bear its own costs and to pay those incurred by the applicant, Merant GmbH; 3. Orders the intervener, Focus Magazin Verlag GmbH, to bear its own costs.