Judgment of the General Court (Third Chamber) of 16 May 2007. – Merant GmbH v European Union Intellectual Property Office.

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

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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.