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Document 62007TJ0353

    Judgment of the Court of First Instance (Third Chamber) of 30 November 2009.
    Esber, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Opposition proceedings - Application for Community figurative mark COLORIS - Earlier national word mark COLORIS - Relative ground for refusal - Genuine use of the earlier trade mark - Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009).
    Case T-353/07.

    European Court Reports 2009 II-00226*

    ECLI identifier: ECLI:EU:T:2009:475





    Judgment of the Court of First Instance (Third Chamber) of 30 November 2009 – Esber v OHIM – Coloris Global Coloring Concept (COLORIS)

    (Case T-353/07)

    Community trade mark – Opposition proceedings – Application for Community figurative mark COLORIS – Earlier national word mark COLORIS – Relative ground for refusal – Genuine use of the earlier trade mark – Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009)

    Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Use in a form without differences capable of affecting the distinctive character of the trade mark (Council Regulation No 40/94, Arts 15(2)(a) and 43(2) and (3)) (see paras 36, 50)

    Re:

    ACTION brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1060/2006‑1), concerning opposition proceedings between Coloris Global Coloring Concept and Esber, SA.

    Information relating to the case

    Applicant for the Community trade mark:

    Esber, SA

    Community trade mark sought:

    Figurative mark containing the word COLORIS for goods in Class 2 – Application No 2817732

    Proprietor of the mark or sign cited in the opposition proceedings:

    Coloris Global Coloring Concept

    Mark or sign cited in opposition:

    French national word mark COLORIS for goods in Class 2 (No 98/717642)

    Decision of the Opposition Division:

    Opposition upheld

    Decision of the Board of Appeal:

    Appeal dismissed


    Operative part

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Esber, SA to pay the costs.


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