Confusion focus

The EU General Court has upheld a decision that there was a likelihood of confusion between the word mark Acno Focus applied for in relation to cosmetic and make-up preparations and the earlier German word mark Focus registered for identical goods. The argument that proof of use of the earlier mark was required was rejected. The court found under German law that the mark was registered when opposition proceedings against it concluded, meaning that it had been registered for less than five years. Given the similarity and the identity of the goods, there was a likelihood of confusion.

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