Judgment of the Court of First Instance of 8 July 2009 — Laboratorios Del Dr. Esteve v OHIM — Ester C (ESTER-E)

(Case T-230/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ESTER-E - Earlier Community figurative mark ESTER-E - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))

2009/C 205/59

Language of the case: English

Parties

Applicant: Laboratorios Del Dr. Esteve SA (Barcelona (Spain)) (represented by: K. Manhaeve, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: The Ester C Company (Prescott, Arizona, United States) (represented by: initially R. Bird, Solicitor, and subsequently by H. Wistam, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 April 2007 (Case R 737/2006-2) concerning opposition proceedings between Laboratorios Del Dr. Esteve, SA and The Ester C Company.

Operative part of the judgment

The Court:

(1)  OJ C 199, 25.8.2007.